Gisselle v Gordon DIFC [2016] DIFC SCT 167 and 169 (07 November 2016)

Gisselle v Gordon DIFC [2016] DIFC SCT 167 and 169 (07 November 2016)

The Claimant is entitled to unpaid salary for 9 days and a penalty under Article 18 of DIFC Employment Law because the Defendant failed to pay within 14 days of termination. The Defendant's counterclaim for AED 3,000 is dismissed as Article 20 prohibits recovery of recruitment costs from the employee and no evidence was provided for training costs.

Citation
[2016] DIFC SCT 167
Parties
Claimant: Gisselle; Defendant: Gordon DIFC
Jurisdiction
United Arab Emirates
Judgment Date
07 November 2016
Procedural Posture
Employment Dispute (salary and Counterclaim) / Judgment After Hearing
Outcome
Claim allowed; counterclaim dismissed
Legal Topics
Unpaid Wages, Employment Contract, Statutory Penalties, Unauthorized Deductions, Recruitment and Training Fees
Employment Law Unpaid Wages Employment Contract Statutory Penalties Unauthorized Deductions Recruitment and Training Fees

Case Brief

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Parties

Gisselle

Claimant

Gordon DIFC

Defendant

Procedural Posture

Employment Dispute (salary and Counterclaim) / Judgment After Hearing

Legal Issues

  1. 1 Whether the Claimant is entitled to unpaid salary for 9 days of work
  2. 2 Whether the Claimant is entitled to a penalty under Article 18 of DIFC Employment Law for late payment of wages
  3. 3 Whether the Defendant is entitled to deduct AED 3,000 for recruitment and training fees under the employment contract

Ratio Decidendi

The Claimant is entitled to unpaid salary for 9 days and a penalty under Article 18 of DIFC Employment Law because the Defendant failed to pay within 14 days of termination. The Defendant's counterclaim for AED 3,000 is dismissed as Article 20 prohibits recovery of recruitment costs from the employee and no evidence was provided for training costs.

Court Disposition

Claim allowed; counterclaim dismissed

Orders

  • Defendant to pay Claimant AED 887.67 for unpaid salary
  • Defendant to pay Claimant AED 5,523.28 as penalty under Article 18 and AED 98.63 per day from date of judgment until payment