Judgments

Qosil Limited sought permission to appeal a Small Claims Court judgment that had awarded compensation to a former employee. The company argued that the lower court made incorrect factual findings, wrongly concluded that an employment contract existed, and improperly calculated damages. The AIFC Court of First Instance rejected all grounds of appeal, holding that the Small Claims Court had properly assessed the evidence, correctly found the existence of an employment relationship, and accurately applied the Employment Regulations regarding notice pay. Permission to appeal was therefore refused.

Documentolog Global Limited filed a claim against Kostanay Metal Structures Plant LLP seeking payment of outstanding amounts due under an information technology services contract. The Defendant failed to submit a defence and only informed the Court that it had made a partial payment of KZT 350,000 after the proceedings had been commenced. The Court accepted that payment had been made, deducted it from the amount claimed, and ordered the Defendant to pay the remaining balance of KZT 564,969.65 to the Claimant.

Buldirshin-2012 LLP brought a claim against the Astana Education Department under a public-private partnership agreement relating to the construction and operation of a kindergarten. The claimant alleged that the defendant failed to provide a properly serviced land plot with the necessary electricity infrastructure, causing construction delays, increased investment costs, and loss of profit. The AIFC Court found that the public partner had breached its contractual obligations and awarded compensation for unpaid contractual investment compensation, additional investment costs, loss of profit, and legal expenses. The Court also allowed a small counterclaim for contractual reporting failures and deducted the corresponding penalty from the overall award.

The Сlaimant challenged the termination of her employment and alleged that the employer had failed to provide a valid written employment contract and had unlawfully deducted amounts from her salary. The AIFC Small Claims Court found that the employer was entitled to terminate the employment during the probationary period but was required to provide one week's notice pay. The Court also held that the employer had failed to justify salary deductions made from the claimant's wages and ordered repayment of those amounts. The Сlaimant was awarded a total of KZT 747,866.75, while all other claims were dismissed.