Nadheer v Nasrullah [2024] DIFC SCT 277 (19 September 2024)

Nadheer v Nasrullah [2024] DIFC SCT 277 (19 September 2024)

The Claimant filed the claim before the 14-day statutory period for payment had expired, and the Defendant settled all amounts before the penalty could accrue. Article 19(4)(a) of the DIFC Employment Law requires the court to waive penalties during the period a dispute is pending. Therefore, the Defendant is not...

Source-derived case information.

Citation
[2024] DIFC SCT 277
Parties
Claimant: Nadheer; Defendant: Nasrullah
Jurisdiction
United Arab Emirates
Judgment Date
19 September 2024
Procedural Posture
Employment Dispute Small Claims Tribunal / Judgment After Hearing
Outcome
Claim dismissed
Legal Topics
Employment Termination, Settlement Agreement, Delay in Payment of Entitlements, Visa Cancellation, Penalty for Late Payment
Employment Law Employment Termination Settlement Agreement Delay in Payment of Entitlements Visa Cancellation Penalty for Late Payment

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Parties

Nadheer

Claimant

Nasrullah

Defendant

Procedural Posture

Employment Dispute Small Claims Tribunal / Judgment After Hearing

Legal Issues

  1. 1 Whether the Defendant is liable to pay damages for delay in payment of employment entitlements under DIFC Employment Law and the Employment Contract

Ratio Decidendi

The Claimant filed the claim before the 14-day statutory period for payment had expired, and the Defendant settled all amounts before the penalty could accrue. Article 19(4)(a) of the DIFC Employment Law requires the court to waive penalties during the period a dispute is pending. Therefore, the Defendant is not liable for the claimed penalty.

Court Disposition

Claim dismissed

Orders

  • The Claimant’s claim is dismissed.
  • The Defendant shall immediately cancel the Claimant’s employment visa.