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, together with any commentary, does not constitute legal advice. It is provided solely for information purposes on a complimentary basis, without consideration of any specific objectives, circumstances or facts. It reflects then current views of the writer which may modify in time and based on differing objectives, circumstances or facts. A writer's view may differ from views of colleagues and/or the firm. You should seek legal advice on each specific matter. Access to this article does not form an attorney-client relationship.