Laia v Laredo Ltd [2023] DIFC CT 408 (06 January 2023)

Laia v Laredo Ltd [2023] DIFC CT 408 (06 January 2023)

Claimant entitled to payment in lieu of accrued but untaken vacation leave due to lack of evidence from Defendant disputing entitlement; not entitled to payment in lieu of notice period due to failure to provide evidence of working or handover during notice; Defendant must lift absconding order and cancel visa as...

Source-derived case information.

Citation
[2023] DIFC CT 408
Parties
Claimant: Laia; Defendant: Laredo Ltd
Jurisdiction
United Arab Emirates
Judgment Date
06 January 2023
Procedural Posture
Employment Dispute (small Claims Tribunal) / Judgment After Hearing
Outcome
Partially allowed
Legal Topics
End of Service Entitlements, Absconding Order, Visa Cancellation, Payment in Lieu of Vacation, Notice Period, Damages, Court Fees
Employment Law End of Service Entitlements Absconding Order Visa Cancellation Payment in Lieu of Vacation Notice Period Damages Court Fees

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Parties

Laia

Claimant

Laredo Ltd

Defendant

Procedural Posture

Employment Dispute (small Claims Tribunal) / Judgment After Hearing

Legal Issues

  1. 1 Entitlement to payment in lieu of accrued but untaken vacation leave
  2. 2 Entitlement to payment in lieu of notice period
  3. 3 Legality of absconding order and visa cancellation

Ratio Decidendi

Claimant entitled to payment in lieu of accrued but untaken vacation leave due to lack of evidence from Defendant disputing entitlement; not entitled to payment in lieu of notice period due to failure to provide evidence of working or handover during notice; Defendant must lift absconding order and cancel visa as employment relationship ended; damages and penalties dismissed as unquantified.

Court Disposition

Partially allowed

Orders

  • Defendant to pay Claimant AED 6,529 for accrued but untaken vacation leave.
  • Defendant to cancel Claimant’s employment visa and lift absconding order.