Mia v Max Restaurant Ltd [2020] DIFC SCT 443

January 14, 2021 SCT - JUDGMENTS AND ORDERS

Claim No. SCT 443/2020

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 MAHA AL MEHAIRI

BETWEEN

MIA

Claimant

and

MAX RESTAURANT LTD

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Hearing :	3 January 2021
Judgment :	14 January 2021

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JUDGMENT OF SCT JUDGE MAHA ALMEHAIRI

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UPON this Claim being filed on 6 December 2020

AND UPON the Amended Claim being filed on 8 December 2020

AND UPON a hearing having been listed before SCT Judge Maha Al Mehairi on 3 January 2021, with the Claimant and the Defendant’s representative in attendance

AND UPON reading the submissions and evidence filed and recorded on the Court file

IT IS HEREBY ORDERED THAT:

1. The Claimant’s claim is dismissed.

2. Each party shall bear their own costs.

Issued by:
Ayesha Bin Kalban
SCT Judge and Deputy Registrar
Date of issue: 14 January 2021
At: 10am

THE REASONS

The Parties

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

2. The Defendant is Max Restaurant LTD (the “Defendant”), a restaurant located in the 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 29 July 2019 (the “Employment Contract”). The Claimant was hired as a waitress with a monthly salary of AED 4,000.

4. The Claimant’s employment with the Defendant continued until 20 November 2020. The Claimant received a termination notice from the Defendant terminating her employment due to alleged poor performance. The Claimant received her final settlement on 24 November 2020.

5. On 29 November 2020, the Claimant received a letter from the Defendant explaining the reasons for the terminations and setting out the details regarding the final settlement. The Claimant received her salary for the days she worked in November, payment in lieu of accrued but untaken vacation leave and payment in lieu of a one-month notice period.

6. On 6 December 2020, the Claimant filed a claim in the DIFC Courts’ Small Claims Tribunal (the “SCT”) claiming the amount of AED 8,000 for unpaid tips owed to the Claimant by the Defendant.

7. On 13 December 2020, the Defendant filed an Acknowledgment of Service setting out its intention to defend all of the claim.

8. The parties met for a Consultation with SCT Judge Delvin Sumo on 16 December 2020 but were unable to reach a settlement. In line with the rules and procedures of the SCT, this matter was referred to me for determination, pursuant to a Hearing held on 3 January 2021.

9. At the Hearing, the Defendant contested the Claimant’s claim arguing that the Claimant had several warnings from the Defendant due to poor performance. Under the Defendant’s employee Handbook, there were procedures to be followed in relation to poor performance and providing that disciplinary actions could be taken, being:

“Disciplinary action may occur when an employee fails to follow the company standards and Policies & Procedures outlined in this booklet or any inappropriate acts not specified in this booklet but in violation of UAE Law.

Disciplinary Action Offence:

(1) Verbal warning / Note to file (valid for 3 months)

(2) 1st written warning (valid for 6 months)

(3) Suspension due to