Halle v Hahn [2017] DIFC SCT 138 (09 July 2017)

Halle v Hahn [2017] DIFC SCT 138 (09 July 2017)

The Claimant's salary was increased to AED 4,500 per month based on clear written communication from the Defendant. The Claimant is entitled to annual leave payments for first, second, and pro-rated third years, end of service gratuity, penalty under Article 18 for delayed payments, air ticket home, and visa cancellation. The Defendant's arguments regarding bonus payments and withholding visa cancellation were rejected due to lack of contractual or legal basis.

Citation
[2017] DIFC SCT 138
Parties
Claimant: Halle; Defendant: Hahn
Jurisdiction
United Arab Emirates
Judgment Date
09 July 2017
Procedural Posture
Employment Dispute (small Claims Tribunal) / Judgment After Hearing and Written Submissions
Outcome
Claim allowed in full with monetary and non-monetary orders against Defendant.
Legal Topics
Annual Leave Entitlement, End of Service Gratuity, Salary Increment, Visa Cancellation, Air Ticket Allowance, Court Fee Reimbursement, Article 18 Penalty (difc Employment Law)
Employment Law Annual Leave Entitlement End of Service Gratuity Salary Increment Visa Cancellation Air Ticket Allowance Court Fee Reimbursement Article 18 Penalty (difc Employment Law)

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Parties

Halle

Claimant

Hahn

Defendant

Procedural Posture

Employment Dispute (small Claims Tribunal) / Judgment After Hearing and Written Submissions

Legal Issues

  1. 1 Whether the Claimant's salary was increased to AED 4,500 per month
  2. 2 Entitlement to annual leave payments for first, second, and third years of employment
  3. 3 Entitlement to end of service gratuity under DIFC Employment Law

Ratio Decidendi

The Claimant's salary was increased to AED 4,500 per month based on clear written communication from the Defendant. The Claimant is entitled to annual leave payments for first, second, and pro-rated third years, end of service gratuity, penalty under Article 18 for delayed payments, air ticket home, and visa cancellation. The Defendant's arguments regarding bonus payments and withholding visa cancellation were rejected due to lack of contractual or legal basis.

Court Disposition

Claim allowed in full with monetary and non-monetary orders against Defendant.

Orders

  • Defendant to pay Claimant AED 8,141.34 for annual leave entitlement.
  • Defendant to pay Claimant AED 7,301.33 for end of service gratuity.