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You are here: BAILII >> Databases >> The Dubai International Financial Centre >> Najjar v Naseer [2024] DIFC SCT 315 (10 October 2024) URL: http://www.bailii.org/ae/cases/DIFC/2024/DSCT_315.html Cite as: [2024] DIFC SCT 315

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Najjar v Naseer [2024] DIFC SCT 315

October 10, 2024 SCT - JUDGMENTS AND ORDERS

Claim No. SCT 315/2024

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

In the name of His Highness Sheikh Mohammed Bin Rashid Al Maktoum, Ruler of Dubai

IN THE SMALL CLAIMS TRIBUNAL OF DIFC COURTS

BETWEEN

NAJJAR

Claimant

and

NASEER

Defendant

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Hearing :	1 October 2024
Judgment :	10 October 2024

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JUDGMENT OF H.E. JUSTICE MAHA AL MHEIRI

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UPON this Claim being filed on 29 July 2024 and amended on 12 September 2024 (the “Claim”)

AND UPON a hearing having been held before H.E. Justice Maha Al Mheiri on 1 October 2024, with the Claimant in attendance and the Defendant absent although served notice of the hearing Date (the “Hearing”)

AND PURSUANTto Rule 53.61 of the Rules of the DIFC Courts (the “RDC”), it is stated that: “If a defendant does not attend the hearing and the claimant does attend the hearing, the SCT may decide the claim on the basis of the evidence of the claimant only.”

IT IS HEREBY ORDERED THAT:

1. The Defendant shall pay the Claimant the sum ofAED 459,158.

2. The Defendant shall pay the Claimant the DIFC Courts’ filing fee in the sum ofAED 9,771.64.

Issued by:
Delvin Sumo
SCT Judge and Assistant Registrar
Date of issue: 10 October 2024
At: 9am

THE REASONS

The Parties

1. The Claimant is Najjar (the “Claimant”), an individual filing a claim regarding his employment at the Defendant company.

2. The Defendant is Naseer (the “Defendant”), a company registered in the DIFC, Dubai, UAE.

Background and the Preceding History

3. The underlying dispute arises over the employment of the Claimant by the Defendant. The Claimant commenced working with the Defendant on 25 May 2011. After which the Claimant was promoted a couple of times during his time with the Defendant. The Claimant was promoted to the position of Director Actuarial with a monthly salary of AED 58,398, consisting of:

(a) Basic salary in the amount of AED 45,195; and

(b) Housing allowance in the amount of AED 13,203.

4. In July 2024, The Defendant was facing cash flow issues which led to the Claimant and his colleagues facing delays in payment for their monthly employment entitlements. This resulted in the Defendant initiating the insolvency process.

5. The Claimant sent his resignation to the company on 10 September 2024.

6. On 12 September 2024, the Claimant filed an amended claim with the DIFC Courts’ Small Claims Tribunal (the “SCT”) claiming the following amounts:

(a) AED 71,529 for the monthly salary for August and 10 days in September 2024;

(b) AED 2,695 for annual air ticket for 2023;

(c) Payment in lieu of 30 days of untaken annual leave in the amount of AED 80,859;

(d) AED 322,915 as end of service gratuity from 25 May 2011 to 31 January 2020;

(e) DEWS for the months of July and August 2024 in the amount of AED 7,530; and

(f) Reimbursement claim in the amount of AED 3,945.

7. The parties met for a Consultation with SCT Judge Delvin Sumo on 29 August 2024 but were unable to reach a settlement.

8. In line with the rules and procedures of the SCT, this matter was referred to me for determination, at a Hearing. The Defendant’s representative was absent from the Hearing.

9. RDC 53.61 stipulates that “if a defendant does not attend the hearing and the claimant does attend the hearing, the SCT may decide the claim on basis of the evidence of the claimant only”.

Discussion

10. This dispute is governed by DIFC Employment Law No. 4 of 2021 (the “DIFC Employment Law”) in conjunction with the relevant Employment Contract.

11. At the Hearing, the Claimant informed the Court that he sent an email on 10 September 2024 with all his unpaid employment entitlements to the Defendant’s finance department. On 11 September 2024, the Claimant received confirmation from the Finance department confirming the Claimant’s unpaid employment entitlements with a slight adjustment to the annual days accrued.

12. The Claimant also informed the Court that he received his DEWS for the month of July and August.

13. The Claimant is now requesting the amount of AED 459,158 which the Defendant confirmed that he is entitled to under his Employment Contract.

Conclusion

14. In light of the aforementioned, I find that the Defendant shall pay the Claimant the sum of AED 459,158.

15. The Defendant shall pay the Claimant the amount of AED 9,771.64 for the DIFC Courts’ filing fee.