Questions & Answers
Responding to the defense raised by the employer in a labour case
Hi.
I have filed a court case against my ex-employer for not paying my pending salaries and final settlement even after 4 months of my resignation and serving the notice period, and finally mutually agreed on labour and VISA cancellation.
Today in the court 2nd hearing, the employer's lawyer has given a bunch of documents against which I have to reply. The document mentioned FALSE STATEMENT that the employer has already paid all my pending salaries and even my final settlement.
Also, the document states that I have not provided the required PROJECT'S COST VARIANCE REPORT for the projects which I was handling.
The fact is I have not received my two months salaries and not even my final settlement which includes the gratuity and the leave salary.
I have provided them with all the COST VARIANCE sheets for my projects and I have a mail proof of that. I wish to make a strong reply on this with all the legal terminologies.
The claim amount is AED 60K. Need guidance to prepare a reply. How far my previous employer can drag this case?
Dear Sir/ Madam,
Thank you for reaching out to me on this.
I understand your issue and this is a typical defence raised by the Employer that the Employee has not handed over the work properly.
In such cases, the court may appoint a third party expert to look into the facts whether you have been paid salary, whether you did a proper handover, whether there was any negligence...etc.
Considering you have not been paid for 2 months, your contract was deemed to be terminated so the question of handover does not arise. However, I will be able to advise you better once I see the documents.
I believe you should have a legal representation to defend all your rights and to make sure the case is disposed of quickly.
You can get in touch with me on 052-9495731 or email for further assistance and clarification.
Regards,
Hari Wadhwana
