Nalani v Narciso [2024] DIFC SCT 120 (17 May 2024)
Claimant is entitled to compensation for accrued but untaken vacation leave and one month notice period, but not to one month salary as he was on unpaid leave and had already received February salary; entitlement to leave is not negated by lack of Defendant visa sponsorship.
- Citation
- [2024] DIFC SCT 120
- Parties
- Claimant: Nalani; Defendant: Narciso
- Jurisdiction
- United Arab Emirates
- Judgment Date
- 17 May 2024
- Procedural Posture
- Employment Dispute / Final Judgment
- Outcome
- Claim partly allowed
- Legal Topics
- Termination, Notice Period, Accrued Vacation Leave, Compensation in Lieu of Leave
Case Brief
Summary, issues, holding and outcome
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Parties
Nalani
Claimant
Narciso
Defendant
Procedural Posture
Employment Dispute / Final Judgment
Legal Issues
- 1 Is the Claimant entitled to compensation for accrued but untaken vacation leave?
- 2 Is the Claimant entitled to one month salary and notice period upon termination?
- 3 Does the lack of Defendant visa sponsorship affect entitlement to leave?
Ratio Decidendi
Claimant is entitled to compensation for accrued but untaken vacation leave and one month notice period, but not to one month salary as he was on unpaid leave and had already received February salary; entitlement to leave is not negated by lack of Defendant visa sponsorship.
Court Disposition
Claim partly allowed
Orders
- Defendant shall pay Claimant AED 10,875.
- Defendant shall pay Claimant Court fee AED 367.25.
Full Case Text
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