Eimhir v Eirik [2014] DIFC SCT 001 (24 March 2014)

Eimhir v Eirik [2014] DIFC SCT 001 (24 March 2014)

Gratuity must be calculated on gross salary as contract is silent on split; commission is not owed due to discretionary nature and lack of evidence; unpaid salary and annual leave are admitted by defendant.

Citation
[2014] DIFC SCT 001
Parties
Claimant: Eimhir; Defendant: Eirik
Jurisdiction
United Arab Emirates
Judgment Date
24 March 2014
Procedural Posture
Small Claims Tribunal / Judgment
Outcome
Claim partly allowed
Legal Topics
End of Service Gratuity, Commission Entitlement, Unpaid Salary, Annual Leave
Employment Law End of Service Gratuity Commission Entitlement Unpaid Salary Annual Leave

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Eimhir

Claimant

Eirik

Defendant

Procedural Posture

Small Claims Tribunal / Judgment

Legal Issues

  1. 1 Whether the claimant is entitled to end of service gratuity based on gross salary
  2. 2 Whether the claimant is entitled to commission or bonus payments upon resignation before financial year end
  3. 3 Calculation of unpaid salary and annual leave

Ratio Decidendi

Gratuity must be calculated on gross salary as contract is silent on split; commission is not owed due to discretionary nature and lack of evidence; unpaid salary and annual leave are admitted by defendant.

Court Disposition

Claim partly allowed

Orders

  • Defendant to pay claimant AED 41,108.44 for outstanding unpaid salary, unpaid annual leave, and end of service gratuity