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Niya v Nell [2024] DIFC SCT 058 — Employment contract termination penalty dispute (25 April 2024)
The central dispute in this matter concerned the validity of a contractual provision requiring the Claimant, Niya, to pay an "early termination penalty" of AED 5,000 to her employer, Nell, following her resignation during her probation period.
IFRA v IKSU [2018] DIFC SCT 058 — Employment contract primacy in DIFC small claims (11 April 2018)
The Small Claims Tribunal clarifies that the employment contract filed with the DIFC Government Services Office (GSO) constitutes the definitive agreement between parties, overriding unsubstantiated claims of verbal performance-based arrangements.
FEMI v FINOLA [2015] DIFC SCT 058 — Employment contract variation and salary reduction (22 June 2015)
The dispute centered on the termination of an employment relationship that spanned from 15 January 2014 to 2 April 2015. The Claimant, Femi, initiated proceedings in the Small Claims Tribunal seeking a comprehensive settlement of end-of-service entitlements, alleging that the employer had failed to…
LANAKILA v LANG [2022] DIFC SCT 057 — enforcing lease arrears and liquidated damages in the Small Claims Tribunal (12 May 2022)
The dispute arose from a commercial real estate arrangement where the Claimant, Lanakila, leased premises to the First Defendant, Lang, a holiday home company, for a one-year term beginning 19 November 2021. The agreement stipulated a total rent of AED 90,000, payable in four installments.
Lakshmi v Lavonna [2022] DIFC SCT 057 — SCT enforcement of lease obligations and liquidated damages (19 April 2022)
The dispute arose from a breach of a one-year lease agreement for a residential unit within the DIFC. The Claimant, Lakshmi, entered into a lease with the First Defendant, Lavonna—a holiday home company—which subsequently sub-leased the premises to the Second Defendant, Lavinia.
FIRENZE LIMITED v FERNAO LLC [2015] DIFC SCT 056 — Contractual performance and settlement finality (26 August 2015)
The dispute arose from a recruitment consultancy agreement entered into on 5 May 2014, under which Firenze Limited sought to recover unpaid invoices totaling AED 131,250. The Claimant asserted that it had fully performed its obligations under the Agency and Client Agreement and that the Defendant…
Noel v Natalia [2024] DIFC SCT 055 — Employment contract breach and unpaid salary dispute (18 April 2024)
The dispute arose from the Claimant’s assertion that he was employed by the Defendant from 3 July 2023 until his summary termination on 4 August 2023. Despite the Defendant’s contention that the employment offer had been retracted prior to the commencement date, the Claimant provided evidence of…
DAKARAI v DALMATIA [2013] DIFC SCT 055 — Employment end-of-service dispute adjudication (05 December 2013)
The dispute arose from the termination of an employment relationship that spanned from April 2012 to August 2013. Following her resignation, the Claimant, Dakarai, sought to recover various financial entitlements she alleged were withheld by her employer, Dalmatia.
Enver v Enrica [2014] DIFC SCT 054 — End of service gratuity and the recoverability of draw against commission (17 September 2014)
The dispute arose from the termination of an employment relationship between a Senior Broker-Bonds, Enver, and his former employer, Enrica, a DIFC-incorporated brokerage firm. Following his resignation, Enver sought payment of his end of service gratuity, which he calculated at USD 9,205.00.
NELLY v NICK [2024] DIFC SCT 053 — Jurisdiction over mainland employment disputes (19 March 2024)
The Small Claims Tribunal clarifies the strict jurisdictional boundaries of the DIFC Courts, confirming that mainland employment disputes cannot be brought before the DIFC judiciary, even where the employee performed duties within the DIFC perimeter.
LAMIS v LUTHANI [2022] DIFC SCT 053 — Recovery of advance commission payments (30 March 2022)
The dispute centered on the characterization of monthly payments made by the Claimant, Lamis, to the Defendant, Luthani, during the course of his employment. The Claimant asserted that these payments, totaling USD 241,666.86 over several years, were intended as "advances" against future…
Najjar v Nashir [2024] DIFC SCT 052 — Small Claims Tribunal ruling on unpaid salary claims (10 September 2024)
The dispute centered on a claim for unpaid salary brought by an Assistant General Manager against his employer, a restaurant operating within the DIFC. The Claimant asserted that despite his ongoing employment, the Defendant failed to meet its contractual payment obligations, leading to significant…
NOEL v NORBERT [2024] DIFC SCT 051 — Refusal of permission to appeal regarding unpaid service fees (11 July 2024)
The DIFC Small Claims Tribunal confirms that service agreements containing 'pay-regardless-of-completion' clauses are strictly enforceable, dismissing an attempt to appeal a judgment for USD 31,926.24.
NOEL v NORBERT [2024] DIFC SCT 051 — Enforceability of 'pay-if-not-paid' clauses in service agreements (05 June 2024)
The dispute arises from a breach of contract claim initiated by the Claimant, Noel, against the Defendant, Norbert, concerning unpaid invoices for professional services. The Claimant provided set-up services for security trustee, delegate administration, and accounting functions under an agreement…
Lulan Commercial Bank v Larina [2020] DIFC SCT 050 — Digital terms and conditions and the limits of DIFC jurisdiction (29 April 2020)
This Small Claims Tribunal judgment clarifies the evidentiary threshold for establishing DIFC jurisdiction via "opt-in" clauses, specifically rejecting website-based terms as a substitute for a signed written agreement.
DEDRICK v DAYA [2013] DIFC SCT 050 — Employment contract waiver and bonus eligibility (05 December 2013)
The dispute arose from the termination of the Claimant’s employment, which spanned from 2009 to 2013. Following his departure, the Claimant initiated proceedings in the Small Claims Tribunal seeking financial redress for what he characterized as a breach of his contractual notice provisions and an…
HALOKE v HALIL PJSC [2017] DIFC SCT 049 — Jurisdictional limitations of the Small Claims Tribunal (11 April 2017)
The dispute arose from a 2008 Sale and Purchase Agreement for an off-plan unit located in the Business Bay area of Dubai. The Claimant, Haloke, sought the reimbursement of AED 343,950 in paid instalments after the Defendant, Halil PJSC, terminated the agreement following a dispute over completion…
Gautama Shipping v Gazsi Shipping and Logistics [2016] DIFC SCT 048 — jurisdictional dismissal for non-DIFC shipping dispute (26 April 2016)
This Small Claims Tribunal order clarifies the strict application of jurisdictional gateways for shipping disputes involving non-DIFC entities, resulting in the dismissal of a USD $113,696.17 claim.
LIPIKA v LUKESH [2021] DIFC SCT 047 — Employment dispute over unpaid salary, expenses, and data loss allegations (08 April 2021)
The dispute originated from the termination of an employment relationship between the Claimant, a Senior Salesforce Engineer, and the Defendant, a software company based in the DIFC.
DARINA v DAX [2013] DIFC SCT 047 — Evidentiary thresholds for oral employment agreements (05 December 2013)
This Small Claims Tribunal judgment clarifies the high evidentiary burden placed on claimants seeking to enforce alleged oral employment agreements in the absence of written contracts or formal offers.
NABIHA v NOELL [2024] DIFC SCT 046 — Enforceability of legal service agreements in the Small Claims Tribunal (26 March 2024)
The Small Claims Tribunal affirms that a service provider is entitled to full payment under a contract when the client fails to provide admissible evidence of a valid termination notice.
MUKAR v MAUTI [2023] DIFC SCT 046 — Permission to appeal granted regarding public holiday calculations (02 May 2023)
The underlying litigation involves an employment claim brought by the Claimant, Mukar, against the Defendant, Mauti. Following a judgment issued by H.E. Justice Nassir Al Nasser on 10 March 2023, the Defendant sought to challenge the findings of the Small Claims Tribunal.
LANAKILA v LANG [2022] DIFC SCT 046 — Property dispute regarding unpaid rent and sub-tenancy eviction (13 May 2022)
The dispute centered on a breach of a property lease agreement involving a landlord, a corporate tenant, and a subtenant. The Claimant, Lanakila, sought recovery for unpaid rent, service charges, and penalties arising from the First Defendant’s failure to fulfill its financial obligations under the…
Lufto v Linide [2022] DIFC ARB 011: The High Cost of Procedural Obfuscation in Award Enforcement
How a failure to navigate the DIFC’s clear enforcement pathways turned a USD 80 million award dispute into a lesson on judicial patience. On 7 July 2022, H.E.