‘I couldn’t fly back and I’ve been fired. What can I do?
It’s in court’s jurisdiction I have been working in a private company for two years. In February, I applied for annual leave for two months and obtained approval. I then left for my country. When it was time for me to come back, coronavirus took over. I was unable to enter the UAE and resume my work. I sent a letter to my company in this regard, but three weeks ago, I learnt that I have been fired due to my failure to return to work. Is such a dismissal legal?
Dubai Court has settled that, “The legal concept of force majeure, which if it occurs to the terms binding on both sides of the contract, makes it impossible to implement the obligation in accordance with Article No 1 of Article 273 of the Civil Transactions Law requires for the description of accidents or force majeure to be: exceptional, not familiar, not possible to expect it at the time of contracting nor can it be paid after it occurred and the judge has the jurisdiction to assess this.”
As a conclusion, the termination exists even if it is prohibited as per Article 90, but to decide whether the termination is arbitrary or not, one must refer to the court’s jurisdiction taking into consideration the documents, circumstances of the case, including for example the coronavirus situation, which resulted in the shutting down of airports, consequently affecting the implementation of the employment agreement.
Liable only to extent of share
I am a partner at an LLC company. A civil case has been filed against the company. My name is involved in the case along with the manager of the company. What is my liability?
A partner shall be liable only to the extent of the share in the capital. A single natural or corporate person may incorporate and hold an LLC. The holder of the capital of the company shall not be liable for the obligations of the company other than to the extent of the capital as set out in its Memorandum of Association. Therefore, as per the article, the general rule is that a shareholder in an LLC is responsible only to the extent of his share /shares in the capital of the company. The exception to this rule, as the court has reasoned, is that such a shareholder will be held personally liable, if he has exploited the principle of the independent liability of the company.