Mirti v Molip [2022] DIFC SCT 439

February 09, 2023 SCT - JUDGMENTS AND ORDERS

Claim No: SCT 439/2022

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
BEFORE SCT JUDGE MAITHA ALSHEHHI

BETWEEN

MIRTI

Claimant

and

MOLIP

Defendant

---

Hearing :	26 January 2023 and 1 February 2023
Judgment :	9 February 2023

---

JUDGMENT OF SCT JUDGE MAITHA ALSHEHHI

---

UPON the claim having been filed on 7 December 2022

AND UPON a hearing having been held before SCT Judge Maitha AlShehhi on 26 January 2023, with the Claimant in attendance and the Defendant failing to appear

AND UPON a second hearing having been held before SCT Judge Maitha AlShehhi on 1 February 2023, with the Claimant in attendance and the Defendant failing to appear

AND UPON reviewing the documents and evidence filed and recorded on the Court file

AND PURSUANT TO Rule 53.61 of the Rules of the DIFC Courts (the “RDC”)

IT IS HEREBY ORDERED THAT:

1. The Defendant shall pay the Claimant the amount of AED 12,215.40 .

2. The Defendant shall pay the Claimant the DIFC Courts’ filing fee in the amount of AED 379.99 .

3. Each party shall bear their own costs.

Issued by:
Delvin Sumo
SCT Judge and Assistant Registrar
Date of issue: 9 February 2023
At: 1pm

THE REASONS

The Parties

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

2. The Defendant is Molip (the “Defendant”), a company registered in the DIFC, Dubai, UAE.

Background and the Preceding History

3. The underlying dispute arises out of the employment of the Claimant by the Defendant pursuant to a renewed employment contract dated 1 May 2021 (the “Renewed Employment Contract”). The Claimant’s monthly remuneration is set out to be AED 10,000 in the position of hair stylist.

4. The Claimant submits that the original contract provided for a monthly remuneration of AED 12,000 (the “Original Employment Contract”) and in support, the Claimant has provided her bank account statement to demonstrate that she has been receiving as salary payment from the Defendant the amount AED 12,000 and more.

5. On 14 October 2022, the Claimant submitted her resignation by way of email to the Defendant company.

6. On 7 December 2022, the Claimant filed a claim with the DIFC Courts’ Small Claims Tribunal (the “SCT”) seeking payment in the amount of AED 19,000 which represents her salary for the month of November 2022 in addition to her end of service gratuity.

7. On 16 January 2023, the parties attended a consultation before SCT Judge Delvin Sumo, however, they were unable to reach a settlement.

8. On 26 January 2023, in line with the rules and procedures of the SCT, this matter was referred to me for determination, pursuant to a hearing held (the “First Hearing”).

9. The Claimant attended the First Hearing while the Defendant failed to attend. The First Hearing was adjourned to a later time pursuant to the Defendant’s request to suit its schedule, however, the Defendant failed to attend.

10. On 1 February 2023, a second hearing was listed before me at which the Claimant attended, and the Defendant failed to attend for the second time (the “Second Hearing”).

11. I must note that the Defendant’s representative sent an email to the SCT on 27 January 2023 requesting that the