Izaac v Irmina [2018] DIFC SCT 062 (03 April 2018)

Izaac v Irmina [2018] DIFC SCT 062 (03 April 2018)

The Defendant failed to provide sufficient evidence of misconduct and did not conduct a fair investigation; therefore, the Claimant is entitled to one-month notice and end of service gratuity.

Citation
[2018] DIFC SCT 062
Parties
Claimant: Izaac; Defendant: Irmina
Jurisdiction
United Arab Emirates
Judgment Date
03 April 2018
Procedural Posture
Employment Claim / Final Judgment
Outcome
Claim partly allowed
Legal Topics
Termination, Misconduct, Notice Period, End of Service Gratuity, Damages, Reputation
Employment Law Termination Misconduct Notice Period End of Service Gratuity Damages Reputation

Case Brief

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Parties

Izaac

Claimant

Irmina

Defendant

Procedural Posture

Employment Claim / Final Judgment

Legal Issues

  1. 1 Whether the Claimant was terminated for misconduct
  2. 2 Whether the Claimant is entitled to notice period and end of service gratuity
  3. 3 Whether the Defendant conducted a fair investigation

Ratio Decidendi

The Defendant failed to provide sufficient evidence of misconduct and did not conduct a fair investigation; therefore, the Claimant is entitled to one-month notice and end of service gratuity.

Court Disposition

Claim partly allowed

Orders

  • Defendant to pay Claimant AED 35,156.25 for one-month notice and end of service gratuity.
  • Defendant to pay Claimant AED 735.48 for court fees.