Lily v Leon Restaurant Difc [2020] DIFC SCT 268 (05 October 2020)

Lily v Leon Restaurant Difc [2020] DIFC SCT 268 (05 October 2020)

Clause 14 of the Employment Contract is void under DIFC Employment Law, and the Claimant is entitled to end of service entitlements, including gratuity and qualifying scheme contributions, as calculated under the law, plus unpaid salary. Claims for flight allowance and compensation are dismissed due to lack of evidence.

Citation
[2020] DIFC SCT 268
Parties
Claimant: LILY; Defendant: LEON Restaurant DIFC
Jurisdiction
United Arab Emirates
Judgment Date
05 October 2020
Procedural Posture
Employment Dispute Small Claims Tribunal / Judgment After Hearing
Outcome
Claim partly allowed
Legal Topics
End of Service Entitlements, Gratuity, Unpaid Salary, Flight Allowance, Compensation, DIFC Employment Law
Employment Law End of Service Entitlements Gratuity Unpaid Salary Flight Allowance Compensation DIFC Employment Law

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

LILY

Claimant

LEON Restaurant DIFC

Defendant

Procedural Posture

Employment Dispute Small Claims Tribunal / Judgment After Hearing

Legal Issues

  1. 1 Is the Claimant entitled to end of service entitlements under DIFC Employment Law?
  2. 2 Is Clause 14 of the Employment Contract void under DIFC Employment Law?
  3. 3 Is the Claimant entitled to gratuity, unpaid salary, flight allowance, and compensation?

Ratio Decidendi

Clause 14 of the Employment Contract is void under DIFC Employment Law, and the Claimant is entitled to end of service entitlements, including gratuity and qualifying scheme contributions, as calculated under the law, plus unpaid salary. Claims for flight allowance and compensation are dismissed due to lack of evidence.

Court Disposition

Claim partly allowed

Orders

  • Defendant to pay Claimant AED 4,141.47 as end of service entitlements
  • Defendant to pay Claimant AED 367.50 as court fee