A reader from Dubai asks: Six months ago, I issued a cheque as payment, but the bank returned it due to insufficient funds in my account. I requested the person to whom I issued the cheque not to take action against me and volunteered to settle the cheque amount in four instalments. He, however, rejected my offer and took the matter to court, which sent me to prison for a year. I was released from prison last month. The cheque-holder then called me for payment and agreed to accept the amount in four instalments. I refused to pay as I had already served a prison sentence over the bounced cheque. The individuals threatened to file a civil case to claim the cheque amount. He warned me that the court would direct me to settle the cheque amount plus interest as compensation and that I would be sent to jail again if I failed to follow the court’s orders. Is this man entitled to file a case to claim the cheque amount even though the criminal court has already punished me for the offence?
The cheque-holder is entitled to file a civil case claiming the cheque amount. If the case is ruled in his favour, the court will direct the questioner to settle the cheque amount and also pay interest as compensation as requested by the cheque-holder. The court will direct the questioner to abide by the court’s verdict judgement. If the court decides that the questioner is able to pay, but not doing so, it could send the questioner to prison.
Accusation against employee
A company-owner from Dubai asks: A month ago, one of my employees was caught embezzling from the company. I reported the matter to the police and an investigation is under way. As per the UAE labour law, can I suspend the accused employee till the police and the prosecution come to a decision in the case? In case I am allowed to suspend this employee, do I have to pay his salary till the case is closed? In case the court rules that the employee is not guilty, can he file a case against the company for compensation?
Article No 112 of the Federal Labour Law No 8 of 1980 states: “A worker may be temporarily suspended from work if he/she is accused of committing a deliberate offence involving assault on person or property or crimes relating to honour and honesty or the offence of unlawful strike.
“The period of suspension shall run from the date on which the incident is reported to the competent authorities and until the latter have given a decision on the case.
“The worker shall not be entitled to his remuneration in respect of the period of the suspension. Where it is decided not to take worker to court or the worker is acquitted, he shall be reinstated in his work; he shall be paid his remuneration in full for the period of the suspension if it was maliciously contrived by the employer.”
Finally, the employee as per the UAE Labour Law has the right to file a criminal case against the company manager and also file a civil case against the manager and the company if thecourt finds that he is not guilty and the case was maliciously filed by the employer.
Questions answered by lawyer Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.
— Compiled by Bassam Za’za’, Legal and Court Correspondent
