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
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Parties
Madrid
Claimant
Maeko
Defendant
Procedural Posture
Employment Dispute (small Claims Tribunal) / Judgment After Hearing
Legal Issues
- 1 Whether the Claimant is entitled to flight encashment upon completion of 24 months of service
- 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
Full Case Text
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