Nadia v Nabhan [2024] DIFC SCT 308 (29 August 2024)

Nadia v Nabhan [2024] DIFC SCT 308 (29 August 2024)

The Claimant is entitled to additional end of service gratuity and payment for accrued but untaken annual leave based on recalculation under DIFC Employment Law, and to a 1.60% CPI adjustment as confirmed by employer communication. The Defendant's prior payments were deducted from the total entitlements.

Citation
[2024] DIFC SCT 308
Parties
Claimant: Nadia; Defendant: Nabhan
Jurisdiction
United Arab Emirates
Judgment Date
29 August 2024
Procedural Posture
Employment Dispute (small Claims Tribunal) / Final Judgment After Hearing
Outcome
Claim allowed in part
Legal Topics
End of Service Gratuity, Annual Leave Entitlement, CPI Salary Adjustment, Employment Contract Interpretation

Case Brief

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Parties

Nadia

Claimant

Nabhan

Defendant

Procedural Posture

Employment Dispute (small Claims Tribunal) / Final Judgment After Hearing

  1. 1 Whether the Claimant is entitled to additional end of service gratuity under DIFC Employment Law
  2. 2 Whether the Claimant is entitled to CPI adjustment on salary for 2024
  3. 3 Whether the Claimant is entitled to payment for accrued but untaken annual leave

Ratio Decidendi

The Claimant is entitled to additional end of service gratuity and payment for accrued but untaken annual leave based on recalculation under DIFC Employment Law, and to a 1.60% CPI adjustment as confirmed by employer communication. The Defendant's prior payments were deducted from the total entitlements.

Court Disposition

Claim allowed in part

Orders

  • Defendant to pay Claimant AED 217,522.54
  • Defendant to pay Claimant court fees of AED 4,350.45