Nalani v Narciso [2024] DIFC SCT 120 (17 May 2024)

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

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Nalani

Claimant

Narciso

Defendant

Procedural Posture

Employment Dispute / Final Judgment

  1. 1 Is the Claimant entitled to compensation for accrued but untaken vacation leave?
  2. 2 Is the Claimant entitled to one month salary and notice period upon termination?
  3. 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.