Negotiating Terms of Settlement & other employment updates

09 Feb 2017

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James Berry & Associates Employment Department E-Bulletin

February 2017

Case Law Update 

There is no case law to report from the courts here in the UAE.  However, an important decision has been made in First Group PLC v Paulley which reached the Supreme Court for England and Wales.

It was decided, in this case involving a wheelchair user wishing to board a bus but the space was occupied by a non-disabled passenger that it was not sufficient for the driver of the bus to just request the non-disabled passenger to move and allow the wheelchair user to board.  It was held that the driver should have done more than request – the duty to make reasonable adjustments indicates a policy of "require and pressurise."

 
Legislation and Practice 

Sheikh Mansour bin Zayed, Deputy Prime Minister and Chairman of the Abu Dhabi Judicial Department, has announced that a court dedicated to expatriates and non-Muslims will hear cases such as inheritance, divorce and custody in the laws of claimants’ own countries, this will make proceedings quicker and clearer, legal officials say.

Following the recent decision by the US President to ban entry into the US against seven Muslim-majority countries, the UAE embassy in Washington has confirmed that Emiratis will not be affected by Trump’s travel ban.

• Acting on behalf of Employer in the Labour Court defending claim for gratuity, commissions and outstanding holiday pay;

• Negotiating terms of settlement for top executive;

• Drafting termination letter for employees based on restructure of a Company;

• Reviewing Staff Handbook of Policies and Procedures;

• Reviewing Employment Contract;

• Drafting Settlement Agreement for an onshore company employee;

• Advising a Senior Manager on their termination rights, pursuant to the UAE Labour Laws;

• Advising corporate client about UAE disciplinary process when dealing with performance issues for employees.

Being one of the top law firms in Dubai, James Berry & Associates have qualified and experienced lawyers in Dubai, providing employment law advice to businesses and individuals for over 25 years.