PPRuNe Forums - View Single Post - Emirates to recruit 700 pilots in next 18 months
Old 8th Jun 2010, 05:43
  #59 (permalink)  
PaulDamian
 
Join Date: Oct 2009
Location: Australia
Posts: 51
Likes: 0
Received 0 Likes on 0 Posts
Rule of Law

The "Rule of Law" is generally that:
(i) The law is made by a competent authority;
(ii) The law is applied to everyone equally and without exception (i.e. no one is above the law).
The rule of law is not some idea of broader justice or fairness about individual relationships.

More specifically:

1. If you signed a contract of employment (i) in the UAE, (ii) work there and (iii) live there, then you are *** domiciled *** there. VERY difficult, if not impossible for a court to find jurisdiction with those facts. Even if they did, the case would get transferred back to the UAE. UAE law will MOST LIKELY prevail.

2. The rule of law has some relevance in sharia law, but it is more limited to the law applying to everyone equally.

3. The rule of law in UAE, and their law generally, does not have the same notions or features as a common law country, like Australia or in a code law like Europe.

4. As described above, the problem appears to be that the employment contract seems to have precious few terms (but has the bond) and has significant application of policy and discretion. Terms and conditions that arise from 'policies', practices (custom and practice) and other related documents might be 'implied' into a contract of employment. Implying terms into a contact is not so easy, even at common law (see the BP Refineries case). Getting terms implied into a UAE contract might be very difficult and uncertain.

Don't base your expectations of the law on fairness or justice. UAE have a different system.

Don't even threaten to take them on. Besides having trouble getting another job with anyone (you WILL be tagged as person prepared to litigate, and NO ONE wants to employ someone that is prepared to litigate in a dispute - thats what psychometric testing is there for), you might find that you have issues and problems with customs and immigration when you transit through UAE. Who wants to employ a pilot that is a risk of having transit, customs and immigration issues.

BUT, if you would like a lawyer to represent you, I'd be happy to make the arrangements. Just make sure you have lots of $$$ to spend on achieving your principle.

Submit to their system and give it a go or find somewhere else to work.

Pauly
PaulDamian is offline