The DIFC Courts have, for the first time, awarded an employee compensation for victimisation under the DIFC Employment Law.
This is only the third time the DIFC Court of First Instance (CFI) has decided claims for discrimination and victimisation under DIFC Law No.2 of 2019 (as amended) the DIFC Employment Law. Clyde & Co’s MEA employment team acted for the successful employers in the other two cases: Omar Ben Hallam v Natixis CFI 016/2025 and Shiraz Mahmood v Standard Chartered Bank DIFC CFI 044/2021.
In Oluremi v Omolara CFI 107/2025, the CFI held that an employer had unlawfully victimised an employee for doing a protected act after the employee filed a claim in the DIFC Courts alleging harassment against her employer.
The Court found that, by placing the employee on “administrative leave” without pay shortly after she filed her claim, and terminating her employment without notice days later, the employer had unlawfully victimised the employee under Article 60 of the DIFC Employment Law.
The Court awarded the employee AED 88,633, comprising outstanding wages and allowances, notice pay and compensation for victimisation, and dismissed the employer’s counterclaim for alleged overpayment of wages.
The Court also issued a declaration that the employee had been unlawfully victimised. Whilst the Court recognised that a declaration does not provide financial recompense, it noted that the employee would be entitled to point to a judgment of the Court showing that she had...
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