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‘My company sacked me for a leaked screenshot of my work computer’

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My business finished me because an image was leaked from my work computer screen. It happened in a cafe, when I briefly left the screen unlocked to buy some soft drinks. I suspect that a colleague, who was in the cafe at the same time, took the screenshot of an internal notification on my computer and sent it to other people.

I have some legal Resource against the company to rejoin or rescind the termination? AM, Dubai

Due to the nature of this investigation, I sought the advice of Thenji Moyo, a Dubai-based legal director at Gateley UK.

“All employees working under an employment relationship governed by UAE Labor Law have a duty of confidentiality to their employer. In circumstances where confidential company information is leaked to a third party, the employer may consider such action as misconduct, that is, a breach of confidentiality. Under Section 120 of the UAE Labor Law, an employer may fire an employee without notice or without termination of service in circumstances where an employee is found to have disclosed or leaked confidential company information to a third, ”Ms. Moyo said.

“Before such termination, the employer must initiate a formal disciplinary process to thoroughly investigate the way in which the confidential data was leaked and to assess whether the employee’s conduct contributed to the dissemination of the data. When there is a breach of trust due to such a leak, the employer is unlikely to reinstate or rescind the termination. “

This shows that special care must be taken when working outside of your workplace, as company information must remain private at all times.

I came to Dubai from Nigeria on a 90 day tourist visa. I received admission to a training institute in the UAE for a two-month program, which I completed and am now a certified nursing assistant. Can I find a job in the United Arab Emirates with my tourist visa? SU, Dubai

Visitors to the UAE can seek employment while on a tourist visa. But before starting work, the employer must apply for a residence visa and a work permit. A brief medical evaluation should also be done.

It is illegal to work on a tourist visa, but any decent company will know about it and process a proper visa up front, as is the standard practice in the UAE.

Congratulations on your qualification and good luck in your job search.

I started a new job in October 2021. All visa formalities were completed and my status was updated. The company did not ask me to work in the office due to Covid-19 restrictions, so I was working from home.

On November 5 they asked me to join the office. At the end of the month, they did not pay my salary of 6,300 dirhams as stated in my contract. When I inquired about my salary, there was no response from management.

On November 28, the manager asked me to step down as my position was being laid off due to a company restructuring. No written notice was given to me.

I’m still on probation. What are my rights GD, Abu Dhabi

GD works for a continental employer with an unlimited employment contract, so the UAE Labor Law applies in its entirety.

An employer should never withhold payment of a salary and GD should be paid in full from the date you started working until your last day at the company.

Generally, if an employee is terminated, they must be properly notified in writing, not just verbally. Usually a valid and specific reason must also be given, although this is not required during the trial period.

Given that GD is still on probation, no notice of termination is required according to article 120 of the Labor Law, which states: “The employer can fire the worker without prior notice in any of the following cases: b – Does the The worker must be designated on probation, and the dismissal occurs during or at the end of the probationary period. “

In this situation, GD must receive a written notice of its termination and must also be paid in full by the last business day.

In order for your visa and work permit to be canceled, you will be asked to sign the cancellation documents, which will indicate that all monies owed have been paid in full. This should not be signed until final salary is paid.

If the employer does not pay what is owed in a timely manner, GD can file a case against the company with the Ministry of Human Resources and Emiratization, either by phone at 800 60 or through its online chat feature.

Keren Bobker is an Independent Financial Advisor and Senior Partner at Holborn Assets in Dubai, with over 25 years of experience. Contact her at [email protected]. Follow her on Twitter at @FinancialUAE

The advice provided in our columns does not constitute legal advice and is provided for informational purposes only.

Updated: December 11, 2021, 5:00 AM M.

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