Macias v Madesh [2022] DIFC SCT 009

February 08, 2022 SCT - JUDGMENTS AND ORDERS

Claim No. SCT 009/2022

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 SCT JUDGE DELVIN SUMO

BETWEEN

MACIAS

Claimant

and

MADESH

Defendant

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Hearing :	4 February 2022
Judgment :	8 February 2022

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JUDGMENT OF SCT JUDGE DELVIN SUMO

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UPON the Claim Form being filed on 6 January 2022

AND UPON a Hearing having been listed before SCT Judge Delvin Sumo on 4 February 2022 with the Claimant and the Defendant’s representative in attendance

AND UPON reviewing all documents submitted on the Court file

IT IS HEREBY ORDERED THAT:

1. The Defendant shall pay the Claimant the sum of AED 6,635.53 being the total sum of the Claimant’s entitlements.

2. The Defendant shall cancel the Claimant’s employment visa.

3. The Defendant shall pay the Claimant the DIFC Courts’ filing fee in the sum of AED 367.50.

Issued by:
Ayesha Bin Kalban
SCT Deputy Registrar
Date of Issue: 8 February 2022
At: 2pm

THE REASONS

The Parties

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

2. The Defendant is Madesh (the “Defendant”), a company located in 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 3 March 2019 (the “Employment Contract”).

4. On 6 January 2022, the Claimant filed a claim in the DIFC Courts’ Small Claims Tribunal (the “SCT”) claiming his end of service entitlements in the sum of AED 9,400.33 as well as the cancellation of his employment visa.

5. On 24 January 2022, the Defendant filed an Acknowledgment of Service setting out its intention to defend all of the Claim.

6. The matter was called for a Consultation before SCT Judge Ayman Mahmoud Saey on 28 January 2022. Although both of the parties were in attendance, they failed to reach a settlement.

7. In accordance with the rules and the procedures of the SCT, the matter was referred to me for determination, pursuant to a hearing held on 4 February 2022 (the “Hearing”). After reviewing all documents and evidence submitted on the Court file, I give my judgment below.

The Claim

8. The Claimant’s case is that he was employed with the Defendant as a bartender from 10 March 2019. The Claimant submits that he resigned from his employment and states that his last working day was on 24 November 2021. The Claimant further submits that he did not receive his end of service entitlements as owed to him pursuant to the DIFC Employment Law. At the Hearing, the Claimant submits that, as per his Employment Contract, he is entitled to the sum of AED 9,400.33 which consists of the following:

(a) End of service gratuity in the sum of AED 7,567; and

(b) Payment in lieu of 10 days of accrued but untaken vacation leave in the sum of AED 1,833.33.

The Defence

9. The Defendant did not contest the Claimant’s entitlements as per the Employment Contract but argued that due to the outbreak of Covid-19 which has affected the business and the financial position of the Defendant, it did not take into consideration part of the Claimant’s employment period for the calculation of the end of service gratuity.

10. The Defendant refers to a letter