[vona62]

If anyone could advise how best to deal with this or had simular experience...

A little while back I got badly injured at work in the coarse of my duties. After several operations I'm okay but left with a legal physical disability that effectively ends my career in one aspect.
My employers (European) paid my salary and all medical expenses but when I got a release to return to work they terminated me.

When discussing the future prior to returning they voiced concern about possible ongoing insurance liability etc (insurance company said min. excess and full cover would apply) but their reasons in writing differed, are nonsense and invalid termed to put me at fault.

Now they intend to deduct more than 60% of my entitlements/compensation (compo is a joke) by using a clause from the UAE Labour law. The labour office legal adviser recomends I do not sign the visa cancellation, do not accept the offer instead sue because the grounds for dismisal were illegal. :boxing:

Any suggestions

 

[Maz25]

Is there any reason as to why the Labour Office is not mediating with the employer on your behalf? It might be better to lodge a complaint with them (if you haven't done so already) so that they can take this up with the company and try and find a common ground to resolve this issue.

I'm no legal expert but when it comes to the UAE, I wouldn't really go down the legal route unless you have money to burn and are 100% sure that you can win this case. Lawyers will often take your money and promise you the world, only to turn round later on and tell you that they can't help and leaving you with huge legal bills. If you lose the case, you will be liable for your employer's legal fees, so that's an issue to consider as well.
Before you rush into anything, make sure that you verify what your contract says. My contract actually contains a clause that allows my employer to terminate my service if I have been off sick for an extended period of time and upon my return find that I have a disability or illness that prevents me from being able to carry out my job properly. The clause also states that my employer will try and find a new position for me if I can no longer do my old job or my position has been filled but if they are unable to do so, they have the right to terminate me. Make sure that you do not have such a clause in your contract.

Good luck. I hope that you are able to sort this issue out. Sometimes the best way forward is to try and mediate and find a common ground that's acceptable to all. Request a meeting with your employer. Do not go in with all guns blazing but try to appeal to their better judgement and explain that you would like to sort this out amicably and hopefully, common sense will prevail.

 

[vona62]

Is there any reason as to why the Labour Office is not mediating with the employer on your behalf? It might be better to lodge a complaint with them (if you haven't done so already) so that they can take this up with the company and try and find a common ground to resolve this issue.

I'm no legal expert but when it comes to the UAE, I wouldn't really go down the legal route unless you have money to burn and are 100% sure that you can win this case. Lawyers will often take your money and promise you the world, only to turn round later on and tell you that they can't help and leaving you with huge legal bills. If you lose the case, you will be liable for your employer's legal fees, so that's an issue to consider as well.
Before you rush into anything, make sure that you verify what your contract says. My contract actually contains a clause that allows my employer to terminate my service if I have been off sick for an extended period of time and upon my return find that I have a disability or illness that prevents me from being able to carry out my job properly. The clause also states that my employer will try and find a new position for me if I can no longer do my old job or my position has been filled but if they are unable to do so, they have the right to terminate me. Make sure that you do not have such a clause in your contract.

Good luck. I hope that you are able to sort this issue out. Sometimes the best way forward is to try and mediate and find a common ground that's acceptable to all. Request a meeting with your employer. Do not go in with all guns blazing but try to appeal to their better judgement and explain that you would like to sort this out amicably and hopefully, common sense will prevail.

Thanks Maz25
My contract does'nt cover such an event as mine and labour advise sickness time off as in illness leave differs from injury convelesance time which falls into unlimited or you're dead.
I offered to work in a diiference capacity provided it matched my skills set,, not taken up.

I asked we part on good terms with a view to future business opportunities but the company unfortunately has a past of not paying out accumilated gratuities to leavers.

I'll file a complaint as you suggest, get labour to mediate, if that fails I'm moving on to a far better opportunity so this will just go down as another chapter for the book.

Cheers