CFI-084-2018 MOHAMMED ZAHID ASLAM vs (1) SDI CAPITAL LIMITED (2) SDI CAPITAL HOLDINGS LIMITED

Claim No. CFI-084-2018

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 FIRST INSTANCE

BEFORE H.E. JUSTICE SHAMLAN AL SAWALEHI

BETWEEN

MOHAMMED ZAHID ASLAM

Claimant

  and

(1) SDI CAPITAL LIMITED

(2) SDI CAPITAL HOLDINGS LIMITED

                                                                                           Defendants

Hearing:           9 July 2019

Counsel:           Moaza Al Khadar Advocates & Legal Consultancy for the Claimant

Lead Counsel:  Samer Abou Said

                           The First Defendant and Second Defendant failed to attend.

Judgment:        31 July 2019

                          Re-issued on 20 August 2019

AMENDED JUDGMENT OF H.E. JUSTICE SHAMLAN AL SAWALEHI

ORDER

UPON reviewing the Claimant’s claim dated 19 December 2018

AND UPON having reviewed the Court file

AND UPON having heard counsel for the Claimant at trial on 9 July 2019 (the “Trial”)

AND UPON the non-attendance of the Defendants and of their legal representatives at the Trial

IT IS HEREBY ORDERED THAT:

1. All claims against the Second Defendant are dismissed for lack of jurisdiction.

2. The Defence and Counterclaim is struck out pursuant to Rule 35.14(3) of the Rules of the DIFC Courts.

3. Judgment is hereby entered in favour of the Claimant as against the First Defendant in the sum of AED 1,982,159 (the “Judgment Sum”), comprising:

a. AED 1,086,984 as unpaid wages;

b. AED 96,355 as payment in lieu of untaken holiday time;

c. AED 121,582 as end of service gratuity; and

d. AED 704,768 as Article 18(2) penalties calculated up to and including the date of this Judgment.

4. Pursuant to Article 18(2) of the DIFC Employment Law, the First Defendant shall pay the Claimant AED 2,753 per day starting on 1 August 2019 onwards, until the First Defendant has made full payment of the amounts owing as set out in paragraphs a to c above.

5. The First Defendant shall pay to the Claimant the Judgment Sum within 28 days of the date of this Judgment.

6. The First Defendant shall pay the Claimant’s costs of these proceedings on an indemnity basis and in such specific amount or amounts as the DIFC Courts’ Registrar shall determine following consideration of the Claimant’s costs submissions to be filed within 30 days of the issuance of this Judgment.

Issued by:

Nour Hineidi

Deputy Registrar

Date of issue: 31 July 2019

Date of re-issue: 20 August 2019

Time: 10am