Jemy v Jemon [2016] DIFC SCT 124 (09 November 2016)

Jemy v Jemon [2016] DIFC SCT 124 (09 November 2016)

End of service gratuity is to be calculated on the basic wage of AED 2,500 per month, as defined in the employment contract and DIFC Employment Law, not on total earnings including commission. Paid leave entitlement is calculated pro rata for the final year, and repatriation costs are not owed upon resignation. The employer's failure to keep adequate leave records is construed against it.

Citation
[2016] DIFC SCT 124
Parties
Claimant: Jemy; Defendant: Jemon
Jurisdiction
United Arab Emirates
Judgment Date
09 November 2016
Procedural Posture
Employment Claim (small Claims Tribunal) / Judgment After Hearing and Set Aside of Default Order
Outcome
Claim partly allowed
Legal Topics
End of Service Gratuity, Paid Leave Entitlement, Repatriation Costs, Employment Contract Interpretation
Employment Law End of Service Gratuity Paid Leave Entitlement Repatriation Costs Employment Contract Interpretation

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Parties

Jemy

Claimant

Jemon

Defendant

Procedural Posture

Employment Claim (small Claims Tribunal) / Judgment After Hearing and Set Aside of Default Order

Legal Issues

  1. 1 Calculation of end of service gratuity under DIFC Employment Law
  2. 2 Entitlement to paid leave upon resignation
  3. 3 Entitlement to repatriation costs upon resignation

Ratio Decidendi

End of service gratuity is to be calculated on the basic wage of AED 2,500 per month, as defined in the employment contract and DIFC Employment Law, not on total earnings including commission. Paid leave entitlement is calculated pro rata for the final year, and repatriation costs are not owed upon resignation. The employer's failure to keep adequate leave records is construed against it.

Court Disposition

Claim partly allowed

Orders

  • Defendant to pay Claimant AED 7,622.30 as end of service gratuity.
  • Defendant to pay Claimant AED 594.23 for paid leave entitlement.