Tetyana Glukhora v Espoir Flower Boutique LTD [2019] ADGMCFI 0001 (25 February 2019)
The Claimant's compensation for wrongful dismissal is limited to AED30,000 (three months' salary), with the claim for unused leave struck out and the claim for written reasons for dismissal allowed to proceed for two weeks' basic wage.
- Citation
- [2019] ADGMCFI 0001
- Parties
- Claimant: Claimant; Defendant: Defendant
- Jurisdiction
- United Arab Emirates
- Judgment Date
- 25 February 2019
- Procedural Posture
- Strike Out Application / Interlocutory Judgment
- Outcome
- partially allowed
- Legal Topics
- Wrongful Dismissal, Compensation, Strike Out Application, Unused Leave, Reasons for Dismissal
Case Brief
Summary, issues, holding and outcome
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Parties
Claimant
Claimant
Defendant
Defendant
Procedural Posture
Strike Out Application / Interlocutory Judgment
Legal Issues
- 1 Whether the Claimant is entitled to compensation for wrongful dismissal beyond statutory limits
- 2 Whether claims for constructive dismissal and medical evidence are admissible
- 3 Whether the claim for written reasons for dismissal can be struck out
Ratio Decidendi
The Claimant's compensation for wrongful dismissal is limited to AED30,000 (three months' salary), with the claim for unused leave struck out and the claim for written reasons for dismissal allowed to proceed for two weeks' basic wage.
Court Disposition
partially allowed
Orders
- Claim for compensation for wrongful dismissal limited to AED30,000, inclusive of AED10,000 already claimed.
- Claim in Box 6 reduced to AED20,000, with AED40,000 struck out.
Full Case Text
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