Madrid v Maeko [2021] DIFC SCT 031 (25 February 2021)

Madrid v Maeko [2021] DIFC SCT 031 (25 February 2021)

The Claimant completed 24 months of service and the Job Aid policy entitles non-management employees to flight encashment upon such completion. The policy's ambiguity regarding forfeiture upon leaving the company is resolved in favor of the Claimant, who served his notice period. There was no evidence supporting entitlement to a night shift allowance.

Citation
[2021] DIFC SCT 031
Parties
Claimant: Madrid; Defendant: Maeko
Jurisdiction
United Arab Emirates
Judgment Date
25 February 2021
Procedural Posture
Employment Dispute (small Claims Tribunal) / Judgment After Hearing
Outcome
Claim partly allowed
Legal Topics
Flight Encashment, Employment Contract Interpretation, Night Shift Allowance, Final Settlement Entitlements

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Madrid

Claimant

Maeko

Defendant

Procedural Posture

Employment Dispute (small Claims Tribunal) / Judgment After Hearing

  1. 1 Whether the Claimant is entitled to flight encashment upon completion of 24 months of service
  2. 2 Whether the Claimant is entitled to night shift allowance

Ratio Decidendi

The Claimant completed 24 months of service and the Job Aid policy entitles non-management employees to flight encashment upon such completion. The policy's ambiguity regarding forfeiture upon leaving the company is resolved in favor of the Claimant, who served his notice period. There was no evidence supporting entitlement to a night shift allowance.

Court Disposition

Claim partly allowed

Orders

  • Defendant to pay Claimant AED 2,378 for flight encashment
  • Defendant to pay Claimant AED 367.50 as court fees