Wu vs MEpay Technology Ltd

This case concerned a dispute between Ms Si Yuan Wu and MEpay Technology Ltd over an alleged oral employment contract and claims for additional remuneration.

TLDR:

• Ms Wu filed a lawsuit against MEpay for sums allegedly due under an oral employment contract.
• The court had to determine the existence and terms of the alleged contract.
• The court dismissed the claim due to lack of supporting evidence and certainty of terms.
• Ms Wu's claim for harassment was abandoned at the case management conference.
• The court ordered Ms Wu to pay the defendant's fixed costs and filing fees.

The claimant, Ms Si Yuan Wu, was employed by WebAdSpace FZ LLC (WAS) as Commercial Director of MENA under an employment contract dated 22 August 2021. WAS is an associate company of MEpay Technology Ltd within the SHAREit Group. Ms Wu claimed that she was also employed by MEpay as Senior Executive Officer (SEO) from 30 September 2022, based on an oral agreement with Ms Dongbo Zhu, the Chief Operating Officer of Payermax, another associate company in the Group.

Ms Wu's claim was unusual because she asserted that she had two employers within the same group of companies and claimed additional salary for her role as SEO of MEpay. However, there was no written contract of employment with MEpay, and no salary was agreed for the alleged employment. Ms Wu's claim was for a sum to be assessed or alternatively damages, amounting to US$735,194.01 for nine months of work as SEO.

The court examined the factual background, including Ms Wu's employment history with WAS and her involvement in multiple roles within the Group. Ms Wu's employment contract with WAS specified that she was employed solely by WAS and was required to perform duties as assigned by the company. There was no written evidence supporting Ms Wu's claim for additional remuneration from MEpay.

During the trial, the court considered the absence of any supporting documentation for the alleged oral agreement with MEpay. Ms Wu asserted that she was orally promised additional remuneration by Ms Zhu, but there was no written complaint or follow-up regarding non-payment. The court found that the negotiations for Ms Wu's transfer to MEpay did not support her claim of an existing contract with MEpay.

The court also noted the inconsistency between Ms Wu's claim for additional remuneration and the terms of her employment with WAS. The arrangement with WAS KSA, where Ms Wu's salary was adjusted to meet local requirements, further undermined her claim for extra salary from MEpay. The court preferred the evidence of Ms Zhu, who denied the existence of any agreement for additional remuneration.

Ultimately, the court concluded that there was no express or implied agreement by MEpay to employ Ms Wu as SEO for additional remuneration. The court dismissed Ms Wu's claim and ordered her to pay the defendant's fixed costs of USD 36,759.70 and filing fees of USD 250.00. The order was made nisi, to become absolute in the absence of any application to vary the terms by 6 February 2024.

Legal representatives: Mr. Muhammad Ali Qureshi of Nasser Malalla Advocates and Legal Consultants for the claimant, Mr. James Laddie KC of Matrix Chambers (instructed by Clyde & Co LLP) for the defendant.

Judicial Panel: Justice Sir Michael Burton GBE

Case Citation Reference: [2024] ADGMCFI 0001