Questions & Answers
Labor case judgement execution
A labour case was ruled in my favour and I received the judgement at the end of 2016. The judgement progressed to execution and not One Dirham has been paid by my ex-employer to date.
We have spent the last year searching assets in all banks, combined with real estate, RTA etc. and all have come back with no assets. An attachment was made on the office assets, shortly after the Rental Dispute Committee issued a Judgement awarding the office assets to the Landlord.
Finally, we located a valid Bank Guarantee held with a Government Authority. But the entity is not cooperating.
As per Federal Law No. 8 for 1980 On Regulation of Labour Relations, Article 4 gives priority over all assets.
However, in this scenario, Federal Labour Law, Dubai Real Estate Laws and further laws are all overlapping and conflicting.
My query is, is there a document or law that states which law has priority over another to help resolve the issues I am facing with the judgement execution?
Dear Questioner,
Article 4 of the Federal Law No. 8 of the year 1980 is very clear that you should have the priority based on the verdict issued in 2016 as per your statement above.
Your issue is not the conflict between the laws, you have to approach the Judge who is responsible for the execution file and speak to him personally. A further verdict/order can be issued to enable you to liquidate the Bank Guarantee to get your payment.
In case you were not successful approaching the Judge personally I would recommend to involve a litigator who has the experience to approach and argue on your behalf.
Let me know if you would need assistance regarding the subject.
