A month ago, I visited a mall along with a friend. I was leaving a store after paying for my purchase when the alarm at the door went off. The cashier called the store manager, who insisted on searching my handbag and my person. When I refused, he wouldn’t let me leave the shop. I told him he could search my handbag, but not my person as it was against the law. Finally, he called a female employee to search my handbag. She did so and informed him that there was nothing there. I would like to know if the store manager has the right to search people and their belongings over a suspicion of shoplifting? What are my rights as a customer? At the end of the incident, they found out that the security alarm system was faulty. The next day, the store’s management sent me an apology.

The store manager’s behaviour was against the law. He is not allowed to search anyone or their belongings unless they give their consent, or in specific situations determined by the concerned authorities. Therefore, the questioner may file a complaint before the Public Prosecution against the store, manager and the person who searched the questioner’s belongings. The Public Prosecution might refer all of them to the criminal court. In addition, the questioner has the right to file a case before the civil court against the store and manager, claiming compensation for mental harassment incurred as a result of such an action.

If an employee is absent from work for eight consecutive days, does the employer have the right to terminate the individual’s contract without notice? Secondly, is the employer allowed to file an absconder complaint against the employee in such a case? Is it possible to lift such a complaint by approaching the Ministry of Human Resources and Emiratisation? In case the absconder complaint filed by the employer proves to be false, does the employee have the right to ask for compensation?

Article 120 of the labour law No 8 of 1980, paragraph (j) states: “An employer may dismiss a worker without notice in any of the following cases: If the worker is absent from his work without a valid reason for more than 20 non-consecutive days, or more than seven consecutive days.”

In this case, the employer has the right to file an absconder complaint. If the employee can prove that such a complaint is false, he can approach the ministry with a written objection, which will refer the matter to court. If the court rules in favour of the employee, the absconder complaint will be lifted by the ministry.

Finally, the employee has the right to file a criminal complaint against the employer for a false absconder complaint. In addition, an employee has the right to file a case for compensation in the civil court.

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