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Dag & Company International Limited v Dagny [2011] DIFC CFI 007

Dag & Company International Limited v Dagny [2011] DIFC CFI 007

August 10, 2013

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Claim No: XXXX

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

 

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

IN THE COURT OF APPEAL

BEFORE THE DEPUTY CHIEF JUSTICE SIR JOHN CHADWICK, JUSTICE SIR DAVID STEEL AND H.E. JUSTICE OMAR AL MUHAIRI 

BETWEEN

DAG & COMPANY INTERNATIONAL LIMITED

                                                                                                                        Claimant/Appellant

and

 

DAGNY

                                                                                                                        Defendant/Respondent

 

Hearing:            10 October 2013

Counsel:           Mark Fraser (Taylor Wessing Middle East LLP) for the Appellant.

Andrew Burns & Hameed Almidhar (SNR Denton & Co) for the Respondent.

Judgment:        10 October 2013


JUDGMENT OF THE DEPUTY CHIEF JUSTICE SIR JOHN CHADWICK, JUSTICE SIR DAVID STEEL AND H.E. JUSTICE OMAR AL MUHAIRI


Transcribe from the oral judgment delivered on 10 October 2013 and revised and approved by the judges.

Sir John Chadwick, Deputy Chief Justice:

1.This is an appeal from parts of an order made by His Excellency Justice Ali Al Madhani on 15 April 2013 in proceedings brought under reference CFI 007/2011 by DAG against his former employer, Dagny

2. The Employer is an independent investment bank, incorporated and based in Scotland, specialising in the energy industry. It is a DIFC recognised company Dag, who has worked in Kuwait and elsewhere in the Gulf region for some time, is experienced in the field. The employment commenced on 17 August 2007 when Dag moved from Kuwait to Dubai. It was terminated by the Employer on six months’ notice with effect from 27 July 2010.

3. These proceedings were commenced by the issue of Part 8 Claim Form on 24 March 2011. So far as material, the relief claimed included payment of salary, bonus and gratuity for the first few weeks of the employment , a period from 17 August to 10 September 2007;payment of what was said to be an agreed minimum bonus in the sum of US$ 187,000 for the year-ended 30 June 2010;and payment in lieu of certain benefits in kind which were not in fact taken in kind. By a counterclaim in proceedings the employer sought repayment of US$ 67,308 said to represent an overpayment of bonus in respect of the period to 30 June 2008

4. The proceedings came before His Excellency Justice Ali Al Madhani for trial on 30 and 1 November 2012. For the reasons given in his Judgment dated 15 April 2013 the judge upheld the claim to salary and bonus in respect of the short initial period from 17 August to 10 September 2007; and he upheld the claim to a minimum bonus of USD$ 187,000 for the year ended 30 June 2010. He dimissed the Employer’s counterclaim for repayments

Issued by:

Mark Beer

Registrar

Date of issue: 10 August 2013

At: 4pm

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