Employer bound by verdict

Can I apply to the Ministry of Labour to allow me to transfer to another company without a ban?

  • Published: 19:55 March 31, 2011

SUBJECT
Employment

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In a case of unjust dismissal I filed against my previous employer, the Dubai Court of First Instance ruled in my favour, concluding that the dismissal had indeed been arbitrary, along with the withholding of my final dues of almost Dh15,000. My question is two-pronged. First, is my previous employer entitled to appeal against the judgment? And secondly, can I apply to the Ministry of Labour to allow me to transfer to another company without a ban, even though my service with my previous employer has only been for one year?

I would like to clarify to the questioner that the judgment he has got from the competent court is final and the employer may not appeal against it. This is based on the rule that a judgment of the Court of First Instance cannot be appealed if the claim amount is less than Dh20,000. As for the query about the ban, the Ministry of Labour can transfer a sponsorship without a ban if the court has ruled that the dismissal was arbitrary.

 

Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahar Advocates and Legal Consultants.