Claim No: SCT 025/2023
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE SMALL CLAIMS TRIBUNAL OF DIFC COURTS
BETWEEN
MARTEN
Claimant
and
MARIKKA
Defendant
JUDGMENT OF H.E. JUSTICE MAHA AL MHEIRI
UPON the Claimant filing a Claim Form dated 18 January 2023
AND UPON this Claim having been called on 14 March 2023 for a Hearing before H.E. Justice Maha Al Mheiri, with the Claimant and the Defendant’s representative in attendance
AND UPON reading the submissions and evidence filed and recorded on the Court file
IT IS HEREBY ORDERED THAT:
1. The Defendant shall pay the Claimant the sum of AED 25,231.98.
2. The Defendant shall pay the Claimant the Court fee in the sum of AED 504.98.
Issued by:
Delvin Sump
SCT Judge and Assistant Registrar
Date: 17 March 2023
At: 2pm
SCHEDULE OF REASONS
The Parties
1. The Claimant is Marten (the “Claimant”), an individual filing a claim regarding her employment at the Defendant’s company.
2. The Defendant is Marikka (the “Defendant”), a company registered in the DIFC located at, DIFC, Dubai, UAE.
Background and the Preceding History
3. The underlying dispute arises over the employment of the Claimant by the Defendant pursuant to an employment contract dated 14 July 2022 (the “Employment Contract”). The Claimant was hired as a Social Media Executive with a monthly salary of AED 11,500.
4. On 3 January 2023, the Claimant was informed by the Director of the company of her immediate termination from the company. The Director requested the HR Department (“HR”) to prepare the Claimant’s end of service employment entitlements for the Claimant to be paid.
5. On 10 January 2023, the Claimant received her end of service breakdown from HR. Thereafter, the Director of the Defendant postponed payment of the entitlements which resulted in the Claimant filing a Claim with the DIFC Courts.
6. On 18 January 2023, the Claimant filed a claim in the DIFC Courts’ Small Claims Tribunal (the “SCT”) claiming various sums set out as follows:
(a) Salary for the month of December 2022 in the amount of AED 11,500;
(b) 1-month notice period in the amount of AED 11,500;
(c) End of service gratuity in the amount of AED 1,948.42; and
(d) Payment in lieu of 1 day of untaken annual leave in the amount of AED 283.56.
7. The parties met for a Consultation with SCT Judge Maitha Al Shehhi on 27 February 2023 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, pursuant to a hearing held on 14 March 2023 with the Claimant and the Defendant’s representative in attendance (the “Hearing”).
Discussion
9. This dispute is governed by the DIFC Law No. 4 of 2021 (Employment Law Amendment Law) (hereafter the “DIFC Employment Law”) in conjunction with the relevant Employment Contract.
10. At the Hearing, the Claimant presented her Claim before the Court, with the breakdown of her final settlement (the “Final Settlement”). Mr. Mijit, Shareholder of the Defendant was representing the Company at the Hearing held before me. Mr. Mijithad no objections to the Final Settlement explaining that he was not involved with the day to day operation of the Company.
11. Mr. Mijit also added that the Director of the Defendant drained the funds of the company resulting in the shortage of cash that has affected the company and its employees directly.
Finding
12. In light of my finding above and Mr. Mijit’s nonobjection to the Claimant’s claims, it is hereby ordered that the Defendant shall pay the Claimant the Final Settlement in the amount of AED 25,231.98. The Claimant is also entitled to the Court fee paid for the filing of this Claim in the amount of AED 504.98.