Gable LLC v Gabriela [2016] DIFC SCT 006 (15 February 2016)

Gable LLC v Gabriela [2016] DIFC SCT 006 (15 February 2016)

There was no contractual or policy basis for holding the Defendant personally liable for the unpaid city ledgers; company policy provided for deduction from staff service charges, not personal payment by the Defendant. The Claimant cannot withhold the Defendant’s end of service settlement to cover these amounts without written permission.

Citation
[2016] DIFC SCT 006
Parties
Claimant: Gable LLC; Defendant: Gabriela
Jurisdiction
United Arab Emirates
Judgment Date
15 February 2016
Procedural Posture
Employment Dispute (small Claims Tribunal) / Final Judgment
Outcome
Claim rejected; Defendant awarded settlement payment.
Legal Topics
End of Service Settlement, Employee Liability, Unpaid Invoices, Wage Deductions
Employment Law End of Service Settlement Employee Liability Unpaid Invoices Wage Deductions

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Parties

Gable LLC

Claimant

Gabriela

Defendant

Procedural Posture

Employment Dispute (small Claims Tribunal) / Final Judgment

Legal Issues

  1. 1 Whether the Defendant is personally liable for unpaid city ledger invoices upon termination
  2. 2 Whether the Claimant can withhold the Defendant's end of service settlement to cover outstanding city ledgers

Ratio Decidendi

There was no contractual or policy basis for holding the Defendant personally liable for the unpaid city ledgers; company policy provided for deduction from staff service charges, not personal payment by the Defendant. The Claimant cannot withhold the Defendant’s end of service settlement to cover these amounts without written permission.

Court Disposition

Claim rejected; Defendant awarded settlement payment.

Orders

  • The Claimant’s claim is rejected.
  • The Claimant is ordered to pay the Defendant AED 155,234 pursuant to the Employee Final Settlement executed on 13 January 2016.