Lipika v Lukesh [2021] DIFC SCT 047

April 08, 2021 SCT - JUDGMENTS AND ORDERS

Claim No. SCT 047/2021

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 MAHA AL MHEIRI

BETWEEN

LIPIKA

Claimant

and

LUKESH

Defendant

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Hearing :	11 March 2021
Further Submissions :	1 April 2021
Judgment :	8 April 2021

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JUDGMENT OF H.E. JUSTICE MAHA AL MHEIRI

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UPON this Claim being filed on 18 February 2021

AND UPON a Consultation being held before SCT Judge Hayley Norton on 4 March 2021

AND UPON the parties failing to reach a settlement at the Consultation

AND UPON a hearing having been listed before H.E. Justice Maha AlMehairi on 11 March 2021, with the Claimant and the Defendant’s representatives 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 to the Claimant the amount of AED 57,389.1

2. The Claimant’s Claim for damages and the Defendant’s counterclaim shall be dismissed.

3. The Defendant shall cancel the Claimant’s visa.

4. The Defendant shall pay the Claimant the Court fee in the sum of AED 1,147.78 .

Issued by:
Ayesha Bin Kalban
SCT Judge and Deputy Registrar
Date of issue: 8 April 2021
At: 9am

THE REASONS

The Parties

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

2. The Defendant is Lukesh (the “Defendant”), a software company located in 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 1 October 2020 (the “Employment Contract”). The Claimant was hired as a ‘Senior Salesforce Engineer’ with a monthly salary of AED 23,000 consisting of the following:

a. Basic Salary: AED 11,500

b. Housing Allowance: AED 3,333.33

c. Transportation Allowance 2,416.67

d. Commission: AED 5,750

4. The Claimant faced delay in the payment of his salaries from December 2020, this continued until the Claimant gave notice of his resignation on 1 February 2021. While the Claimant was serving his notice period, the Defendant requested that the Claimant carry out projects with allegedly unrealistic deadlines, which lead the Claimant to stop serving his notice period on 15 February 2021 with immediate effect.

5. On 18 February 2021, the Claimant filed a claim in the DIFC Courts’ Small Claims Tribunal (the “SCT”) claiming the sum of AED 61,000 to be paid to the Claimant by the Defendant for unpaid salaries and expenses.

a. AED 13,500 outstanding salary for the month of December 2020

b. AED 23,000 outstanding salary for the month of January 2021

c. AED 11,342 outstanding salary for 15 days worked in February 2021

d. AED 7,500 as damages for not completing his notice period

e. Unpaid expenses in the amount of AED 5,766

f. The cancellation of his Visa

6. On 10 March 2021, the Defendant filed its Defence with Counterclaim, seeking the sum of AED 34,394 in respect of lost and damaged company property and intellectual information directly related to the files and data allegedly wiped by the Claimant.

7. The parties met for a Consultation