weescot

Back in January, I had the misfortune of being made redundant 4 months after arriving in the UAE. According to the terms of my contract, both sides are required to give two months notice on termination of employment, and Iwas given a final date of employment as 8th March. I was asked to work my notice (long story) and I agreed, on condition I would be given time to "sort out my life". I asked for this time and verbally requested I be released for gardening leave on 14 February. They verbally agreed. Fortunately for me I got fixed up with another position, but they have now decided to pay me only till 14 February. I am obviously going to remind them of the terms of my contract, but they are now trying to make out that I resigned, which I didn't - and have my redundancy letter to prove it. Any thoughts/advice/legal practices I can approach? Thanks.

Inselaffen

When did you start the new job?

I guess the first thing to do would be write to your old company and threaten to lodge a complaint with the Labour ministry.

shakh your bootie

Cheeky beggars, eh? I know nothing about UAE labour law, but i do know a palestinian company solicitor who practices in the local courts & does employment & company law cases. Text me if you need it!

weescot

17 February. Before I left I asked if I was free to start work during my "gardening leave" and they stated they had no objection to this, but didn't mention how this might effect my salary payment.

benzonar

I think the fact that you started work on the 17th means your company is within their rights to stop paying you.

I don't know of any company that would want to pay an employee who is already working for someone else.

shakh your bootie

Don't know about UAE labour law, but in the UK if a company makes you redundant and offers you a redundancy package no-one is going to expect you to pay back the redundancy money just cuz you are lucky enough (or talented enough) to find a new job....

Inselaffen

I can only really comment on the situation under english law. If you brought a claim for breach of your employment contract you would most probably fail as an award would put you in a better position that you would have been in had the contract not been breached. That would be an undue enrichment.

I would expect it is the same here and it may be better just to forget it.

weescot

This was my assumption too - I know of friends that have been in similar positions in the UK/USA - but in a developing economy of course the law may be different. It was through my own efforts that I got fixed up again swiftly so I dont see why my old company should short change me and profit from my efforts. I am not being greedy - under the terms of my contract they are required to give 2 months paid notice. Anyway, sounds like I need legal advice to clarify the law here. Thanks for all contriubtors.

Inselaffen

also what was the situation with a probation period on your official labour ministry contract?
maybe they didnt have to give you the full 2 months notice within the first 6 months. I fell foul of that problem when I quit my first company. Luckily I also had another job to go to.