A guide to filing civil and commercial cases in Dubai Courts and DIFC
Business dealings in Dubai can run smoothly for years, yet disputes are part of commercial life. A contract may be breached, payment withheld, or a partnership come to an end. When that happens, the parties often have no choice but to take the issue before the courts.
Modification of Arbitral Awards: Supreme Court answers
A. Introduction What began as a criminal complaint in 2004, culminated in a landmark ruling by the Hon’ble Supreme Court on a key issue in the field of arbitration. On 30 April 2025, while delivering its judgment in Gayatri Balaswamy v. ISG Novasoft Technologies Ltd[1] [“Gayatri”], the Apex Court addressed the pivotal question of whether …
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Foreclosure on mortgaged property: legal mechanisms and key changes due to the imposition of martial law
A mortgage is one of the most common mechanisms used to secure the performance of obligations. For creditors, securing their claims with a mortgage serves as a guarantee that the debt will be repaid. However, situations often arise in which debtors fail to fulfill their obligations for various reasons. In such cases, within the framework …
Recent Decisions on Mandatory Retirement Highlight Requirement for Appropriate Contractual Provisions and Retirement Policies
The Workplace Relations Commission (“WRC”) and the Labour Court (the “Court”) each recently issued a decision on the subject of mandatory retirement ages in Denise Murphy v Royal College of Surgeons in Ireland (ADJ-00046831) (WRC decision) and Deepak fasteners (Shannon) Ltd v Liam Murphy (EDA2545) (Labour Court decision). The decisions demonstrate the requirement for employers …
New Mother Discriminated Against By Employer Awarded €50,000
In Lisa McGrath v Net Smart Security Limited (ADJ-00056559) the Workplace Relations Commission (“the WRC”) found that the Complainant was discriminated against by her employer on the grounds of gender and family status. The Adjudicator, Particia Owens, awarded the Complainant €50,000 (almost two years pay) for the Respondent’s breach of section 77 of the Employment …
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WRC Finds that Victimisation Can Occur in Response to Proceedings Issued against a Different but Related Entity
In Aoife Cleary v St. Patrick’s National School Lurgybrack (ADJ-00053384) the Complainant lodged several complaints with the Workplace Relations Commission (“WRC”), including a complaint of victimisation under the Employment Equality Acts. She claimed that she was victimised by the Respondent school as a result of Employment Equality Act proceedings that she had brought against a …
WRC Deems Compromise Agreement Invalid – Employees Should Have Opportunity To Take Legal Advice
Andrea Myers v Clay Youth Project Clg (ADJ-00056614) is a recent unfair dismissal case that was before the Workplace Relations Commission (“WRC”). The Complainant brought a complaint under the Unfair Dismissal Acts 1977-2015 (the “Acts”) claiming she had been constructively dismissed by her employer. However, in an interesting set of circumstances, the Complainant had signed …
WRC Upholds Sexual Harassment Complaint but Reduces Award
In Lenianastasia Shanahan V Roots Health Food (ADJ – 00054550) the Complainant claimed that she experienced sexual harassment in her employment with ‘Roots’ under section 79 of the Employment Equality Acts 1998 – 2015. Facts: The Complainant commenced employment with the Respondent in March 2024 as a server/assistant production. She worked for 16 weeks until …
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WRC Orders Tesco to Re-Engage Worker Dismissed After Calling Manager “Useless”
In the recent high profile decision of the Workplace Relations Commission (“WRC”) in Cathal Hussey v Tesco Ireland Limited (ADJ-00052619), Tesco has been ordered to re-engage a worker who was dismissed after calling his manager “useless”. Facts: The Complainant had 16 + years service with the Respondent prior to the decision to dismiss. In terms …
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WRC Condemns Sham Redundancy Carried out by Football Club in “Ruthless and Dishonest Manner”
David Henderson v The Bohemian Football Club CLG (ADJ-00056820) concerned an employee of the Respondent football club who claimed he was unfairly dismissed in a sham redundancy process, in the absence of any fair procedures. The Complainant submitted his complaint to the Workplace Relations Commission (“WRC”) under the Unfair Dismissals Acts 1977-2015. Facts: The Complainant …