Ilana v Ivey Group LLC [2018] DIFC SCT 311 (29 November 2018)

Ilana v Ivey Group LLC [2018] DIFC SCT 311 (29 November 2018)

The Claimant, by continuing to work after being notified of the salary reduction, impliedly accepted the new terms. There was no legal basis for additional notice pay as the Claimant was paid during his vacation in the notice period, and no outstanding salary or vacation leave was due. Therefore, the claims for...

Source-derived case information.

Citation
[2018] DIFC SCT 311
Parties
Claimant: Ilana; Defendant: Ivey Group LLC
Jurisdiction
United Arab Emirates
Judgment Date
29 November 2018
Procedural Posture
Employment Dispute / Judgment After Hearing
Outcome
Claim dismissed
Legal Topics
Salary Deduction, Employment Contract, Notice Period, Jurisdiction, Vacation Leave, Late Payment Penalty
Employment Law Salary Deduction Employment Contract Notice Period Jurisdiction Vacation Leave Late Payment Penalty

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Parties

Ilana

Claimant

Ivey Group LLC

Defendant

Procedural Posture

Employment Dispute / Judgment After Hearing

Legal Issues

  1. 1 Whether the 20% salary deduction from 2015 was lawful and enforceable
  2. 2 Whether the Claimant is entitled to compensation for one month notice during annual leave
  3. 3 Whether the Claimant is entitled to late payment penalty under Article 18(2) of the DIFC Employment Law

Ratio Decidendi

The Claimant, by continuing to work after being notified of the salary reduction, impliedly accepted the new terms. There was no legal basis for additional notice pay as the Claimant was paid during his vacation in the notice period, and no outstanding salary or vacation leave was due. Therefore, the claims for salary deduction, notice pay, and late payment penalty were dismissed.

Court Disposition

Claim dismissed

Orders

  • The Claimant’s Claim shall be dismissed.
  • Each party shall bear their own cost.