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Damari v Damayanti [2013] DIFC SCT 036

Damari v Damayanti [2013] DIFC SCT 036

August 6, 2013

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Claim No:

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

In the name of His Highness Sheikh Mohammad Bin Rashid Al Maktoum, Ruler of Dubai

IN THE SMALL CLAIMS TRIBUNAL OF DIFC COURTS

BEFORE SCT JUDGE SHAMLAN AL SAWALEHI

Between

DAMARI

Claimant

v

DAMAYANTI

Defendant

Hearing: 29 July 2013

Judgment: 05 August 2013


AMENDED JUDGMENT OF SCT JUDGE SHAMLAN AL SAWALEHI


AND UPON reading the submissions and evidence filed and recorded on the Court fileUPON hearing the Claimant and the Defendant

IT IS ORDERED THAT:

1. The Defendant shall pay the Claimant the sum of AED 102,154.00
2. The Defendant shall pay the Claimant’s Court fees in relation to this claim.

The reasons:

Parties

1. The Claimant is Damari
2. The Defendant is Damayanti

Background and the preceding history

1. The Claimant alleged that she had been employed by the Defendant from 1 January 2011 until 25 June 2013.
2. The Claimant requested that the Defendant pay her that to which she was entitled under her Employment Contract. The Defendant had refused to pay the Claimant, which had led the Claimant to file this case before the Court.
3. No settlement was reached by the parties at the end of the consultation and, consequently, the case was sent for adjudication. On 29 March 2013 I heard both parties’ submissions.

Particulars and Defence

4. In her Particulars of Claim, the Claimant argued that her employment contract had been terminated without reason and that her final settlement had not included all of her end of employment benefits such as unpaid salary, annual leave, annual ticket, termination ticket, one month notice, medical expenses, gratuity payments, reimbursement of unlawful deductions and compensation for unfair termination.
5. In its defence, the Defendant argued that the Claimant’s total benefits amounted to AED 65,159 only, as a certain amount was to be deducted from her final settlement due to the Claimant’s absence from work on a number of days for no valid reason.

Finding

6. I have examined the Defendant’s attendance records in respect of the Claimant and have found that it is very difficult for me to be convinced by those documents that the alleged unexplained absences took place during the course of the Claimant’s employment. Consequently, the Defendant is required to reimburse the Claimant any amount that has been deducted on this ground or for alleged taken annual leave.
7. Then I have reviewed the Claimant’s employment contract and all submitted documents, and I am of the view that the Claimant is entitled to her end of service benefits calculated as follows:
8. 21 days’ basic wages for the first year of her employment, 12 days’ basic wages for the additional 7 months, 42 days of untaken vacation leave, 1.5 vacation tickets, termination ticket, unpaid salary of 25 days as of June 2013, compensation of 30 days’ notice, reimbursement of deducted wages, namely the sum of AED 102,154.00 in addition to the Court fees for this claim.
9. Having said that, I find that the evidence submitted by the Claimant regarding any other compensation is neither sufficient nor reasonable to establish that the Defendant is contractually or legally liable to pay any extra amount beyond that which has been decided in this Order at paragraph 8 above.

Shamlan al Sawalehi
Small Claims Tribunal Judge
Date of Issue: 06 August 2013
At: 1pm

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