Laboni v Lahit [2021] DIFC SCT 168

July 04, 2021 SCT - JUDGMENTS AND ORDERS

Claim No. SCT 168/2021

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
BEFORE H.E. JUSTICE NASSIR AL NASSER

BETWEEN

LABONI

Claimant

and

LAHIT

Defendant

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Hearing :	24 June 2021
Judgment :	4 July 2021

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JUDGMENT OF H.E. JUSTICE NASSIR AL NASSER

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UPON the Claim Form being filed on 6 June 2021

AND UPON a Hearing being held before H.E. Justice Nassir Al Nassir on 24 June 2021, with the Claimant and the Defendant’s representative in attendance.

AND UPON reviewing the documents 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 57,645.40.

2. The Defendant shall pay the Claimant the Court fees in the sum of AED 1,152.90.

Issued by:
Nassir Al Nasser
SCT Registrar
Date of issue: 4 July 2021
At: 10am

THE REASONS

The Parties

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

2. The Defendant is Lahit (the “Defendant”), a company registered and located at the 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 1 June 2020 (the “Contract”).

4. On 6 June 2021, the Claimant filed a claim in the DIFC Courts’ Small Claims Tribunal (the “SCT”) seeking payment of amounts allegedly owed to him pursuant to the Contract and penalties in accordance with Article 19 of the DIFC Employment Law in the sum of AED 118,665.

5. On 13 June 2021, the Defendant filed an Acknowledgment of Service setting out its intention to defend part of the claim.

6. On 17 June 2021, a consultation was held before SCT Judge Delvin Sumo, however, the parties failed to settle.

The Claim

7. The Claimant’s case is that he joined the Defendant company on 1 June 2020. As per the terms of the Contract, the Claimant was provided with a fixed salary of AED 13,000, Medical Insurance for himself and his family, and an Incentive/Bonus.

8. The Claimant submits that due to the Covid-19 Pandemic, he was unable to fly to Dubai from India in June 2020 as flights were non-operational at that time. Following his commencement of employment with the Defendant, in June 2020, the Claimant was informed by the Defendant that based upon a consultation with a certain compliance team, he would only receive approximately 60% of his salary as he had been working remotely and in addition he not be provided with medical insurance nor the incentives as set out within the Contract. The Defendant notified the Claimant that the remaining 40% of his salary would be accrued by the company and paid to the Claimant once his visa was processed and he physically entered Dubai.

9. The Claimant continued to work remotely without a Dubai visa and without receiving his employment benefits until August 2020, after which point the Defendant requested that he immediately move to Dubai and apply for his tourist visa. The Claimant informed the Defendant that he would not be able to move to Dubai immediately as his spouse was moving to London for work in September 2020 and he wanted to accompany her for the move to help her settle in these COVID times.

10. The Claimant suggested to the Defendant that he would visit