Harshad v Hena [2017] DIFC SCT 201 (19 September 2017)

Harshad v Hena [2017] DIFC SCT 201 (19 September 2017)

The Claimant is entitled to payment in lieu of 13.75 days of accrued vacation leave as per Article 28 of the DIFC Employment Law, despite having signed a final settlement, due to a calculation error by the Defendant.

Citation
[2017] DIFC SCT 201
Parties
Claimant: Harshad; Defendant: Hena
Jurisdiction
United Arab Emirates
Judgment Date
19 September 2017
Procedural Posture
Employment Dispute Small Claims Tribunal / Judgment After Hearing
Outcome
Partially allowed
Legal Topics
Accrued Leave, Final Settlement, Employment Contract, Deductions From Salary
Employment Law Accrued Leave Final Settlement Employment Contract Deductions From Salary

Case Brief

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Parties

Harshad

Claimant

Hena

Defendant

Procedural Posture

Employment Dispute Small Claims Tribunal / Judgment After Hearing

Legal Issues

  1. 1 Whether the Claimant is entitled to payment in lieu of accrued vacation leave
  2. 2 Whether deductions for visa, medical, and uniform expenses were lawful
  3. 3 Effect of signed final settlement and permit cancellation

Ratio Decidendi

The Claimant is entitled to payment in lieu of 13.75 days of accrued vacation leave as per Article 28 of the DIFC Employment Law, despite having signed a final settlement, due to a calculation error by the Defendant.

Court Disposition

Partially allowed

Orders

  • Defendant to pay Claimant AED 1,375.00 for accrued vacation leave
  • All other claims dismissed