Leatrix v Lebron [2021] DIFC SCT 199

August 16, 2021 SCT - JUDGMENTS AND ORDERS

Claim No. SCT 199/2021

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

LEATRIX

Claimant

and

LEBRON

Defendant

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Hearing :	9 August 2021
Judgment :	16 August 2021

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JUDGMENT OF H.E. JUSTICE NASSIR AL NASSER

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UPON the Claim Form being filed on 29 June 2021

AND UPON the Claim Form being Amended on 25 July 2021

AND UPON a Hearing being held before H.E. Justice Nassir Al Nassir on 9 August 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 USD 10,773.36.

2. The Defendant shall pay the Claimant the Court fee in the sum of USD 215.46

Issued by:
Nassir Al Nasser
SCT Judge & Registrar
Date of issue: 16 August 2021
At: 10am

THE REASONS

The Parties

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

2. The Defendant is Lebron (the “Defendant”), a company registered and located at DIFC, Dubai, UAE.

Background and the Preceding History

3. The underlying dispute arises over the employment of the Claimant by the Defendant on 18 April 2021 pursuant to an Offer Letter (the “Offer Letter”).

4. On 29 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 Offer Letter in the sum of USD 12,500.

5. On 25 July 2021, the Claimant amended the Defendant’s name as set out in the Claim Form to Novus Fintech Limited instead of Stuart Lee Coles.

6. The Defendant failed to acknowledge the claim but filed a defence on 8 August 2021 which reflects his intention to defend all of the claim.

7. On 12 July 2021, a consultation was held before SCT Judge Ayesha Bin Kalban.

The Claim

8. The Claimant’s case is that he joined the Defendant company on 18 April 2021 to 24 June 2021. As per the Offer Letter, the Claimant was to receive remuneration in the sum of AED 10,000 depending on the delivery of the high-level terms set out in the Offer Letter.

9. The Claimant alleges that in a meeting with the CEO held on 6 May 2021, and as recorded by email of the same date, he was offered a full time non-sales role with the Defendant with a salary of USD 10,000.

10. The Claimant submits that the first salary owed to him was overdue, and the CEO was absent from work for having contracted the COVID-19 virus. The Defendant’s partner made a transaction to the Claimant based partly upon the original Offer Letter amount of AED 10,000 and partly on an alleged salary increase of USD 10,000.

11. The Claimant submits that in the second month of the Claimant’s employment, the Defendant refused to pay him his salary. Therefore, the Claimant claims the sum of USD 10,000 for the second month of his employment and 5 days of pro-rated payment of his salary in the sum of USD 2,500.

The Defence

12. In response to the Claimant’s claim, the Defendant submits that, the offer of employment provided to the Claimant was for a monthly salary of AED 10,000 and states that this is the only offer of employment between the Cla