Claim No. SCT 055/2013
THE DUBAI INTERNATIONAL FINANCIAL CENTRE
COURTS
In the name of His Highness Sheikh Mohammad Bin Rashid Al Maktoum,
Ruler
IN THE SMALL CLAIMS
TRIBUNAL
BEFORE H.E. JUSTICE SHAMLAN AL SAWALEHI
Between
DAKARAI
Claimant
and
DALMATIA
Defendant
Hearing: 7 November 2013
Judgment: 5 December 2013
JUDGMENT OF H.E. JUSTICE SHAMLAN AL SAWALEHI
UPONhearing the Claimant and the Defendant
AND UPONreading the submissions and evidence filed and recorded on the Court
IT IS ORDERED THAT:
1. The Defendant shall pay the Claimant the sum of AED 20,569.
The reasons:
2. The Claimant alleged that she had been employed by the Defendant from 15 April 2012 until 26 August 2013 when she submitted her resignation
3. The Claimant requested that the Defendant pay her the benefits due at the end of her Employment Contract. The Defendant had refused to pay the Claimant, which had led the Claimant to file this case before the Court.
4. No settlement was reached by the parties at the end of the consultation and, consequently, the case was sent for adjudication. On 6 November 2013 I heard both parties' submissions, with the Claimant was participating via conference call.
5. In her Particulars of Claim, the Claimant argued that she had been on sick leave from 23 June 2013 onwards and due to this fact she had resigned from the Defendant Company, but she had not received her dues and benefits within the 14 days following the end of her Employment Contract, in breach of Article 18(1) of the Employment Amendment Law No.3 of 2012 of DIFC
6. The Claimant had specified her claims as unpaid salary for one month (August 2013), compensation in lieu of her vacation leave, flight ticket allowance, and interest for delayed payment, compensation for failure to pay wages on time and end of service gratuity.
7. In its defence, the Defendant argued that the Claimant had notified the Company by email on 23 June 2013 that she had an alleged accident in her home country and had to undergo surgery, but the Claimant had failed to provide the Defendant with a proper medical certificate that adequately stated the nature or date of the accident and the type of surgery performed on the Claimant.
8. The Defendant further argued that the Claimant had sent more than once an insurance form which did not state any accident of any nature, and after her resignation a final settlement had been issued which showed that she had still not provided the requested documents to the Defendant Company.
9. I have examined both parties' submissions and have found that the final settlement of dues submitted by the Defendant is reasonable and in accordance with DIFC Employment Law, therefore the Claimant is entitled to the total sum of AED 20,569.
10. Furthermore, I have found that the evidence submitted by the Claimant is neither sufficient nor reasonable to establish that the Defendant is contractually or legally liable to pay any extra amount beyond what has been decided in paragraph 8 of this Order.
Issued by:
Nassir Al Nasser
Judicial Officer
Date: 5 December 2013
At: 4pm