Claim No. SCT 314/2020 THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
Claim No. SCT 314/2020
THE DUBAI INTERNATIONAL FINANCIAL CENTRE
COURTS
In the name of His Highness Sheikh Mohammed Bin Rashid Al Maktoum,
Ruler
IN THE SMALL CLAIMS
TRIBUNAL
BEFORE SCT
JUDGE
BETWEEN
LUDYANI
Claimant
and
LURINA
Defendant
| Hearing : | 21 October 2020 |
|---|---|
| Judgment : | 2 November 2020 |
JUDGMENT OF SCT JUDGE MAHA AL MEHAIRI
UPONthis Claim being filed on 10 September 2020
AND UPONa Hearing having been held before SCT Judge
AND UPONreading the submissions and evidence filed and recorded on the Court
IT IS HEREBY ORDERED THAT:
1. The Defendant shall pay the Claimant the sum of AED 8,067.40.
2. The Defendant shall cancel the Claimant’s visa.
3. The Defendant shall pay the Claimant the Court fees in the sum of AED 367.50.
Issued by:
Ayesha Bin Kalban
SCT Judge and
Deputy Registrar
Date of issue: 2 November 2020
At: 11am
THE REASONS
The Parties
1. The Claimant is Ludyani (the “Claimant”), an individual filing
2. The Defendant is Lurina (the “Defendant”), a restaurant located in the DIFC
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 21 October 2019 (the “Employment Contract”). The Claimant was hired in the position of Coffee Cook with a monthly salary of AED 2,300 consisting of the following:
(a) Basic Allowance in the amount of AED 1,200;
(b) Housing Allowance in the amount of AED 700;
(c) Transportation Allowance in the amount of AED 300; and
(d) Other allowances in the amount of AED 100.
4. The Claimant continued her employment with the Defendant until 9 April 2020, when the Claimant, along with other employees of the Defendant, stopped receiving their monthly salaries.
5. The Claimant submitted her resignation on 15 July 2020, and her last working day was on 15 August 2020.
6. On 10 September 2020, the Claimant filed a claim in the DIFC Courts
(a) Salary for the months of June, July and 15 days in August 2020; and
(b) Accrued but untaken annual leave.
7. The parties met for a Consultation with SCT Judge Delvin Sumo on 6 October 2020 but were unable to reach a settlement. In line with the rules
8. At the Hearing, the Defendant did not contest the Claimant’s entitlements under the Employment Contract but argued that its business and financial position have suffered as a result of the global crisis and the outbreak of the Covid-19 pandemic. In addition, the Defendant argued that the Claimant failed to serve a 3 months’ notice period set out in the Contract, having served notice for only 1 month.
9. At the Hearing, the Claimant confirmed that she wishes to proceed only with her claim for unpaid salaries, and no longer wishes to pursue her claim for accrued but untaken annual leave.
Discussion
10. This dispute is governed by DIFC Employment Law No. 2 of 2019 (the “DIFC Employment Law”) in conjunction with the relevant Employment Contract.
11. The Claimant is seeking payment of her unpaid salaries for the month of June, July and 15 days that she worked in August 2020. The Defendant, during the course of the Hearing, confirmed that the Claimant had indeed worked those days, and as such, I find that the Claimant is entitled to salary for the abovementioned period of time in the sum of AED 166.14 (2,300/260 = AED 106.15 x 76 days of the month of March = AED 8,067.4).
12. Accordingly, the Defendant is ordered to pay the Claimant the amount of AED 8,067.4 for her outstanding dues for the days she worked during the months of June, July and 15 days in August.
13. The Defendant shall pay the Claimant the Court fees in the sum of AED 367.50.
Issued by:
Ayesha Bin Kalban
SCT Judge and Deputy Registrar
Date of issue: 2 November 2020
At: 11am