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Labour law claims are time barred after one year

I have worked for a company in a senior management role for two years and resigned due to my personal reasons.

My resignation was accepted and I was asked to hand over the charge to new management since more than one year ago now. My visa was also cancelled after a few months of my resignation.

The new management took the charge and could not manage the business efficiently after my exit, and the business which resulted in the termination of the new management.

The company is now blaming me that during my tenure with the company earlier, there was some wrong decision taken which has caused losses to the company.

The company now wants to file a legal case against me. I am getting several threatening messages and calls to come back and resolve the old issues, which is causing me mental torture and disturbance in my family.

I am not in a position to help the company to recover their irreparable damages now.

Please advise what is the UAE labour law for such a situation.

Nikhat Sardar Khan

Kochhar & Co Inc. Legal Consultants (Dubai Branch)

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24 Dec 2018, 08:18

Dear Ex-Employee,

An employee or an employer can file a case in the court for employment-related matters within a period of one year in accordance with Article 6 of the Federal Law No. 8 of 1980 (the 'Labour Law').

Change your number and ignore the calls.

25 Dec 2018, 05:19

Thanks, Nikhat!

I appreciate your reply, however, please clarify whether the one-year period is from the date of resignation or employment visa cancellation?

I resigned on 5th November and my resignation was accepted on 15th November 2017 and the visa has been cancelled on 28th August 2018.

Please advise.

26 Dec 2018, 15:29

when did you leave the country? You can easily establish that you left the country on the last working day and they intentionally delayed canceling your visa. However, if you were still working until 28th August 2018 then this date will be considered.

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Anitha Rajeev

Al Nassar Advocates & Legal Consultants

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25 Dec 2018, 13:33

Dear Questioner,

Good evening. Thanks for keeping in touch.

Since you exit from the company and all the procedures for cancellation were completed one year, the loss and damages caused to the company after the new management, you are no way liable to compensate it.

Even if the new management initiates any sort of legal actions against you, all the conditions are in your favour only.

And even if the threatening continues, you have the right to initiate legal actions against them to get it stopped.

Please feel free to contact me on 0556635526 or WhatsApp me on 0508575526 or email me at ar@alnassaradvocates.com if you need any further clarification or explanation.

Regards,

Anitha Rajeev.

25 Dec 2018, 14:43

Thanks, Anitha,

Can my ex-company still file a criminal case and put a travel ban on me as this is what they are now threatening to do with all the false and fabricated proofs?

They are claiming that during my tenure I have taken some wrong decision which has now caused them damages to the business and they feel I have cheated now.

While nothing wrong has been done by me during my tenure, however, my family and I are very much disturbed with their continuous threatening calls and messages in writing.

26 Dec 2018, 08:59

Please let me know whether you were the person in charge of making decisions in the previous company and if there are any documents which can be produced as proof of the same.

Even if they file a case, the prosecution will look into the veracity of the case and then only you will be called for and you can defend the case based on the available documents which will support you.

27 Dec 2018, 08:50

Yes I have taken all major decision jointly with my boss and he has signed each and every document and payment cheques as well. All the records were audited twice in a year and there were no major concern / audit objections were raised at that time . Now there is a third management change who have digged into some old decision taken during my time and they have started blaming and threatening me to come to their office and resolve the irreparable damages caused to the business which I practically can’t do anything now . Please advise .

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