A reader from Dubai asks: I have been working with a company for three years. A month ago due to a problem between me and my company, they terminated my service.
My manager told me the company terminated my service because I had contacted the customers of the company, which, as per him means I’m competing with my company.
When I demanded my company pay me end-of-service gratuity, the company refused, I filed a complaint before the Ministry of Labour to obtain my dues, but unfortunately the company had already filed an absconder complaint against me before the Ministry of Labour. I tried to cancel the absconder complaint stating it was malicious and untrue, but I could not prove the same before the ministry. Since the nature of my work requires me to be away from office, some time for more than a week, the company took the opportunity to file the absconder complaint against me. Please advice me how can I get out of this unfair and malicious move by my company. As per the public relations officer, I might even be subjected to a lifetime or one year ban?
I would like to advise the questioner that if he failed to persuade the Ministry of Labour the said absconder complaint was malicious, he shall ask them to refer the case to the Labour Court, since the said ministry is not a judicial department to investigate these matters. Thus, in case of referring the case to the Labour Court, the questioner can prove to the court that his termination was without any reason (arbitrary dismissal) and that he was at work when the company filed the absconder complaint. Therefore, If the case is approved and the competent court convinced that the absconder complaint is malicious and untrue, then the said court will issue a judgement in favour of the questioner in this case the said judgement will contain that the absconding complaint is untrue and in addition to that the amount of the end of service gratuity which is to be given to the questioner. When such judgement becomes final, the questioner shall provide a copy of the same to the Ministry of Labour and request them to cancel the malicious absconder complaint based on the judgement of the court. The ministry will investigate the court judgement and issue an appropriate decision in this regard for lifting the malicious absconding-complaint.
Child Custody
A reader from Dubai asks: I am Muslim lady divorced one year ago. The Sharia Court passed judgement in my favour granting me custody of my two children, in addition to monthly alimony and accommodation. Three months ago, I married another man and he is currently living with us. My previous husband came to know about it and asked me to relinquish custody of our children amicably per Sharia, since I had married again. My questions here are; 1. Whether he has the right as per Sharia to take away the children. 2. Can I ask the court to make them choose whether they wish to remain with me or with their father? 3. In case I decided to divorce from my current husband will the Sharia court allow me to return back the custody of my children? Please advice.
To answer this question I would like to advise the questioner that the father has the right to request the Sharia court to cancel custody of his children in her favour in the event of marriage of his divorcee wife, in accordance with the UAE Sharia. As Sharia keeps the interests of children in mind, the questioner might lose custody of her children if her ex-husband files a case in the Sharia court and asks the said court to apply UAE Sharia in the case. Then the said court will pass judgement in the favour of the children. With regards to the possibility of the questioner retaining custody in the event of divorce from her new husband, in this case, the questioner may maintain custody of her children.
As for the question on the possibility for the court to ask children whether they prefer to remain in the custody of the mother or father, the court will not respond to this request and that by law, minor children often do not know their own interest and therefore only the court which estimates their interest and then decide who deserves the custody.
Questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.
— Compiled by Bassam Za’za’, Legal and Court Correspondent
