22 Sep 2019

Hadef in the Courts – A significant win in the DIFC Courts

Authored by: Rachel Hill

The Employment team at Hadef & Partners recently secured a significant win in the DIFC Courts, for our client, a bank. The claim related to alleged unpaid holiday entitlement, indexation and other contractual and DIFC statutory entitlements, including the Article 18 statutory penalty (which has now been amended under DIFC Employment Law No. 2 of 2019, please see our recent article here for more information about these changes).

This complex case addressed a number of legal issues, including contractual discretion and the implied obligation of good faith. Ultimately, the DIFC Court accepted our client’s submission that under the former CEO’s employment contract our client retained discretion as to whether or not certain payments were payable following termination of the CEO’s employment.

A more detailed article on this judgment will follow in due course.

 
 

This article, including any advice, commentary or recommendation herein, is provided on a complimentary basis without consideration of any specific objectives, circumstances or facts. It reflects the views of the writer which may, in some cases, differ from those of the firm, especially in the developing jurisdiction of the UAE.