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Ed Kemp wins in DIFC Court of First Instance
Justice Sir Richard Field has handed down Judgment in CFI-027-2013 BGC Brokers L.P. v. Mourad Abourahim.
Ed successfully argued on behalf of BGC that they should recover the balance due of a £200,000 loan given to a former broker on the basis that he had been lawfully dismissed for blackmailing or attempting to blackmail his employer.
This is the first Court of First Instance decision to consider the application of the termination for cause provision in Article 59A of DIFC Employment Law following the Court of Appeal’s decision in McDuff v. KBH Kanuun Limited of last year.
The Judgment is of wider interest in so far as it expressly recognises as implied into DIFC Employment Contracts a duty on the employee to act “honestly and ethically” and the “duty to maintain the mutual trust and confidence that was at the heart of the Employment Contract.“
Ed Kemp was instructed by Rebecca Ford, Partner in the MENA Employment Team at Clyde & Co LLP.