Naimah v Nabil [2024] DIFC SCT 296 (24 October 2024)

The Claimant is entitled to a bonus only at the 0.5% rate as per the signed discretionary bonus agreement and evidence of Chairman's approval, not the claimed 1%.

Citation: [2024] DIFC SCT 296
Parties: Claimant: Naimah; Defendant: Nabil
Jurisdiction: United Arab Emirates
Judgment Date: 24 October 2024
Procedural Posture: Employment Dispute Small Claims Tribunal / Judgment After Hearing
Outcome: Claim partly allowed
Legal Topics: Bonus Entitlement, Employment Contract, Discretionary Bonus, Commission Claims

Employment Law Bonus Entitlement Employment Contract Discretionary Bonus Commission Claims

Case Brief

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Parties

Naimah

Claimant

Nabil

Defendant

Procedural Posture

Employment Dispute Small Claims Tribunal / Judgment After Hearing

Legal Issues

1 Whether the Claimant is contractually entitled to a commission/bonus for the last quarter of 2023
2 Whether the bonus is discretionary or mandatory under the employment agreement

Ratio Decidendi

The Claimant is entitled to a bonus only at the 0.5% rate as per the signed discretionary bonus agreement and evidence of Chairman's approval, not the claimed 1%.

Court Disposition

Claim partly allowed

Orders

Defendant to pay Claimant AED 200,500 plus interest at 9% per annum from judgment date until full payment.
Defendant to pay Claimant court filing fees of AED 4,010.