Genager v Greet Limited [2016] DIFC SCT 161 (30 November 2016)

Genager v Greet Limited [2016] DIFC SCT 161 (30 November 2016)

The Defendant was found to be the Claimant's employer based on the Greet Limited Employment Agreement, conduct of the parties, and the doctrine of apparent authority. The Defendant is liable for unpaid salary, statutory penalty under Article 18, visa fines, and court fees.

Citation
[2016] DIFC SCT 161
Parties
Claimant: Granger; Defendant: Greet Limited
Jurisdiction
United Arab Emirates
Judgment Date
30 November 2016
Procedural Posture
Employment Claim / Judgment After Hearing
Outcome
Claim allowed
Legal Topics
Unpaid Wages, Employment Relationship, Apparent Authority, Visa Fines, Employment Termination, Statutory Penalties
Employment Law Unpaid Wages Employment Relationship Apparent Authority Visa Fines Employment Termination Statutory Penalties

Case Brief

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Parties

Granger

Claimant

Greet Limited

Defendant

Procedural Posture

Employment Claim / Judgment After Hearing

Legal Issues

  1. 1 Whether the Claimant was employed by the Defendant or by Gen Trade
  2. 2 Whether the Defendant is liable for unpaid salary for June 2016
  3. 3 Whether Article 18 penalty under DIFC Employment Law applies

Ratio Decidendi

The Defendant was found to be the Claimant's employer based on the Greet Limited Employment Agreement, conduct of the parties, and the doctrine of apparent authority. The Defendant is liable for unpaid salary, statutory penalty under Article 18, visa fines, and court fees.

Court Disposition

Claim allowed

Orders

  • The Defendant shall pay the Claimant AED 18,410.84 for unpaid salary from 1 June 2016 to 28 June 2016.
  • The Defendant shall pay the Claimant AED 92,711.73 as a penalty under Article 18(2) of DIFC Employment Law and AED 657.53 per day from the date of judgment until payment is made.