# EMPLOYER situation - need some advice please - DIFC employment law (anyone know???)



## Suzielazloozie (Apr 6, 2010)

Help!
I have been in dubai for 6 months (working in the DIFC and Abu DHabi). I arrived here on securing a job at a company. during my time there, I received ample praise from senior directors (i hold a management position) informing me of the great job i was doing. This included people from other offices. 

However, another manager at the company felt 
1 - threatened - I was getting alot of praise. we have different reporting lines but he thinks he can do my job and his (despite not having a degree or any experience in what i do)
2 - that i was a problem - I am a western muslim. (explained in a bit)
3 - As i was not complying with everything he wants - and was pushing back with his telling me what to do (he is not my boss) that again i was problematic. 

This man works in the office management line and deals also with HR issues. Also, he has been at the company for 18 years and as a result, knows most people. 

During ramadan (this explains point 2 above), he was trying to force me to work 14 hour days when i was fasting. both he and another director had made some awful remarks about my religion. To add further issues to this boiling pot, i had been sexually propositioned on numerous occasions by a horrid director in another of our offices and each time i would tell him to jog on - in a very polite way, he would humiliate me by emailing other memebers of staff and quite literally, make me the subject of play ground bullying. 

MAtters came to ahead when despite all the praise i received, the company decided to extend my probation period (i am registered in the DIFC - and i believe this is allowed). So i was on 6 months, and they were wishing to extend it by 3 months. They tried to say i was not doing my job properly - this was contrary to the praise i had received (i have kept emails). 

I believe the manager was at the core of this decision (i think). As i did not 'agree and sign' to the terms of the extension of probation (if i told you the reasons on my ext of probation, you would role on the floor laughing! stuff like I should not be talking to non managers as it compromises my status, i should have better judgement! (vague no?).

So then, here is what happens next!

I am at work - 2 weeks after being served with this extension of probation letter (unsigned. I had asked the HR manager chap what would happen if i didnt sign it, he said i would get fired. i also made it clear to my superior that this was not necessary and i made it clear i knew there was a game plan - he just ignored me - lets say he is young and influential and is scared) so, I get called into a room and get told i am being instantly dismissed as i am not fulfilling the tasks set out for me at my 6 months review. So the grounds for dismissal were:
1 - inaccurate work (rubbish!)
2 - not having meetings when i should be! (i dont have a sales role. I am being a bit cagey about what i do so the relevant people dont find out!)

The above have nothing to do with the job i do. 

So what can i do?

they are saying as i was on probation - they owe me nothing. I think they owe me three months wages as i did not sign any letter. (i havent signed the termination letter either - agree and sign. i cant agree to lies and i wont sign!)

Also - they have asked for 45,000AED rent loan to be paid back instantly! 

What do i do?
Do i log a complaint with the DIFC director of employment? 


or do i pay the money and walk away. I have read all sorts about NOC and i dont know what and that is scary! im terrified as i could pay off my rent and have no money left as im out of a job.... 


anyone know a good lawyer? !

thanks for reading... suggestions , advice and some sanity (as im losing it!) are welcome!


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## titirangi (Aug 14, 2008)

Suzielazloozie said:


> Help!
> I have been in dubai for 6 months (working in the DIFC and Abu DHabi). I arrived here on securing a job at a company. during my time there, I received ample praise from senior directors (i hold a management position) informing me of the great job i was doing. This included people from other offices.
> 
> However, another manager at the company felt
> ...


that really sucks and from what you have described getting the heck out of there is a great outcome. maybe try oz?, I hear things are booming back there and you won't have to deal with all this rubbish.

search for other posts with "lawyer" and it does not appear to be common exercised option although there are a few template letters around the forum somewhere relating to unfair dismissal.

Good luck and sure hope you can keep your spirits up through this mess.


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## Jynxgirl (Nov 27, 2009)

Very sorry to here about your situation. If you had done something during ramadan and reported your employer, something could and would have been done.

What does your original contract say concerning your rent if you were to be terminated during your probation? I would be on the next flight out of here as if you have any loans they will not allow you to leave the country once your termination is reported, even if you have plans to pay them back. I hope it works out well for you.


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## titirangi (Aug 14, 2008)

Jynxgirl said:


> Very sorry to here about your situation. If you had done something during ramadan and reported your employer, something could and would have been done.
> 
> What does your original contract say concerning your rent if you were to be terminated during your probation? I would be on the next flight out of here as if you have any loans they will not allow you to leave the country once your termination is reported, even if you have plans to pay them back. I hope it works out well for you.


Good point on your bank (all acc of the bank where salary paid into), drain your accounts as a precaution.


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## Suzielazloozie (Apr 6, 2010)

Thanks everyone. I am going to drain my account today - good call. 

Well, they normally pay off your rent loan as it is at their discretion. But for me, they want me to pay for it. 

I have a unfair dismissal letter which my friend helped me write, However i am scared of what they may say to my next employer. Even if they wont give references, what is to stop them picking up the phone and saying bad things.... 

So i thought, keep them sweet until i find a job and then do something. Does anyone know if that would work or if you log a complaint with the DIFC, you have to do that in a certain time?


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## bloomwood (May 7, 2010)

if i could add, gather evidence that favors your position like praise emails, the bullying emails (can u ask from ur friend to forward it to you?) 
back them up by sending to your other emails. 

about the loan, is it written in your contract? i hope not ..


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## Suzielazloozie (Apr 6, 2010)

Well, I had a feeling when i was there that there was some serious game playing going on. So i have a big file at home full of praise emails and, emails where they were trying to force me to work the more than 6 hour days and a rather blasphemous message about my religion from one of the directors. I have it printed out. 

One of my friends (who is a local) said that i can launch proceedings against them in a criminal court for immoral acts (eg they have alcohol in the office, drink it there, sexually harrass women, talk very poorly about islam, operate outside the legal hours during ramadan etc) i actually think i was fired as I was a problem. Everything really turned sour after ramadan. They are an US company. 

So i was thinking
1 pay off this rent loan (which means i wont go to jail if i leave the country)
2 Leave the country and return on a visit visa so i am not bound to them in any way
3 start two proceedings - one in a criminal court (on grounds of bad morals - sounds mad but apparently that is taken seriously here... ) and the second is to file a complaint with the DIFC for unfair dismissal and payment of 3 months wages. 

Does anyone think that is a sound solution? a friend thinks i should not pay the rent and just go to the DIFC right away.... im so confused!


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## Jynxgirl (Nov 27, 2009)

Why not call the difc and ask them questions directly? I know it is a stretch in this country, but there may be a help desk that might be useful.


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## Suzielazloozie (Apr 6, 2010)

Thanks Jynxgirl! I am going to do that tmr morning! You are all so helpful and kind - thank you.


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## wandabug (Apr 22, 2010)

Let us know the outcome, it could be useful if someone else finds themselves in a similar situation. xx


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## FrenchyPoppy (Oct 30, 2010)

Why don't you try to call the australian ambassy? Normally, they could help and provide you a lawyer.
I had a problem during my internship in Dubai, they wanted to keep my passport because I was just a trainee! And as soon as I said that my ambassy was aware of such situation I get it back.
I know that your situation is different but it may help you to get some answer...


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## Suzielazloozie (Apr 6, 2010)

thanks! 

I went to the DIFC and i am filing a complaint. However i am also seeing a lawyer next week. will keep you posted with what i am doing and outcomes in case it is helpful for anyone else.


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