Questions & Answers
Responding to a case filed by the employee for non-payment of dues
One of our employees has made a case against us for the non-payment of the final settlement.
While discussing the final settlement before the case filing, the employee had refused to hand over the company laptop and data therein before the payment of notice period salary of 3 months.
We have a limited contract with the employee under the Dubai Silicon Oasis Authority. The employee was hired in August 2018 and terminated on June 2019.
What protection do we have to claim against the employee for unauthorized taking away of company property?
Can the court decide ex parte on this case?
Can I file a case against the employee for illegal retention of company property?
What is my liability?
You need to appoint a lawyer in order to represent you in the case filed against you for the non-payment of the final settlement.
Also, file a counter case for illegally retaining company assets and valuable data and claim damages after ascertaining the losses sustained by your company.
Dear Questioner,
I suggest you before proceeding with any legal action against your employee, serve a legal notice requesting him to hand over the missing items.
In case he will not handover the items, you can file a criminal complaint against him. But you need proofs that the items have been handed over to him.
Please let me know if you wish to proceed with the legal notice.
I am looking forward to your reply.
Thank you.
Regards,
Raluca Gatina.
Hi there,
Have you requested that ex-employee to handover the assets in writing?
If you have evidence of handover, illegal possession and denial then you have the right to file a criminal case against that employee.
Thanks,
Sudhanshu Singh
