Mojita v Mocka Restaurant [2023] DIFC CT 207 (28 July 2023)

Mojita v Mocka Restaurant [2023] DIFC CT 207 (28 July 2023)

The Defendant is not permitted to deduct visa/recruitment costs from the Claimant due to Article 57(2) of the DIFC Employment Law. The Claimant is entitled to tips in the amount admitted by the Defendant and payment in lieu of two days of public holidays. The Defendant must cancel the Claimant’s visa as the employment relationship has ended.

Citation
[2023] DIFC CT 207
Parties
Claimant: Mojita; Defendant: Mocka Restaurant
Jurisdiction
United Arab Emirates
Judgment Date
28 July 2023
Procedural Posture
Employment Dispute Small Claims Tribunal / Judgment After Hearing
Outcome
Claim allowed in part
Legal Topics
Unpaid Tips, Public Holiday Pay, Visa Cancellation, Recruitment Cost Deduction, Probationary Period, Employment Termination
Employment Law Unpaid Tips Public Holiday Pay Visa Cancellation Recruitment Cost Deduction Probationary Period Employment Termination

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Parties

Mojita

Claimant

Mocka Restaurant

Defendant

Procedural Posture

Employment Dispute Small Claims Tribunal / Judgment After Hearing

Legal Issues

  1. 1 Whether the Defendant can deduct recruitment/visa costs from the Claimant upon resignation during probation
  2. 2 Whether the Claimant is entitled to unpaid tips
  3. 3 Whether the Claimant is entitled to payment in lieu of public holidays

Ratio Decidendi

The Defendant is not permitted to deduct visa/recruitment costs from the Claimant due to Article 57(2) of the DIFC Employment Law. The Claimant is entitled to tips in the amount admitted by the Defendant and payment in lieu of two days of public holidays. The Defendant must cancel the Claimant’s visa as the employment relationship has ended.

Court Disposition

Claim allowed in part

Orders

  • Defendant to pay Claimant AED 1,661
  • Defendant to cancel Claimant’s employment visa