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Damages in Commercial Transactions, Lodging an Labor Complaint, Terms & Conditions & more.

Damages in Commercial Transactions, Lodging an Labor Complaint, Terms & Conditions & more.

Drive Live

Dubai Eye 103.8

14 May 2018

Host
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Host
If you’re going off and receive a speeding fine, for example, what the police do is take photographic evidence. If there is a speeding fine, isn’t there a way to ask for that? Am I correct?

Ludmila Yamalova
Yes, actually, that’s available. If you go to the RTA website and input the details of your license plate, you can view whatever traffic fines you’ve been issued. There will be an attachment to every fine, including a note from the authority.

It’s been available for years. You’ll find an attachment with a photograph of the alleged offense when the fine was issued. This evidence is accessible under your license plate registration.

If you want to dispute it, you can go to traffic court. I’ve done it myself, years ago, and I was successful. It was a matter of principle for me. I contested a jaywalking fine because I hadn’t actually crossed the road, and I won.

Host
So let me get this right—you were preparing to cross the road, looking both ways, but hadn’t crossed, and the policeman issued you a fine?

Ludmila Yamalova
Exactly. It was a large road, and I was walking along it, trying to see if I could cross. The policeman asked for my driver’s license, kept it, and gave me a ticket. Back then, you had to claim your license later. The process might be different now, possibly using Emirates IDs instead of physical licenses.

Host
So, to answer the question, yes, you can object to traffic fines by going to traffic court?

Ludmila Yamalova
Absolutely. The procedure exists.

Host
Let’s move to Ali on line three. Ali, good afternoon.

Ali
Good afternoon. My question is about a commercial transaction. My company contracted someone to purchase goods six months ago, with delivery promised in three months. The goods weren’t delivered, and when we inspected them last week, they didn’t match the contract. We also didn’t specify penalties for delays. Now, they’re refusing to give us the goods. Do we have any legal recourse?

Ludmila Yamalova
Yes, you do. This is a contractual dispute. If you can prove damages caused by the delay and they are reasonable, you can file a breach of contract case. Compensation for the breach is provided by law, even if your contract lacks a penalty clause.

Ali
Would this be handled by civil courts?

Ludmila Yamalova
Yes, it would be a civil court case. The absence of a penalty clause doesn’t affect your right to claim damages.

Host
Thanks, Ali. Moving on, Ludmila, here’s a question via text: “When someone resigns from a free zone company and is owed salary, how can they force the company to pay upon visa cancellation?”

Ludmila Yamalova
The employee needs to file a complaint with the free zone’s mediation department. If unresolved, they can request a no-objection certificate (NOC) to escalate the case to the labor court. Once at the labor court, the employee can claim unpaid dues and end-of-service benefits.

Host
How do you enforce a court judgment?

Ludmila Yamalova
A judgment alone is just a document. To enforce it, you initiate enforcement proceedings where the court identifies and freezes the debtor’s assets to fulfill the judgment.

Host
Let’s hear from Sarah on line two. Sarah, good afternoon.

Sarah
Hi, I was terminated after seven months of employment. My employer refuses to pay my end-of-service compensation, and I discovered they aren’t registered with the Ministry of Labor. What are my next steps?

Ludmila Yamalova
Send an email to the Ministry of Labor outlining your claim. Preserve their response, whether it confirms they have no record of you or fail to respond. Use this as evidence to file a case with the labor court. While you’re not eligible for end-of-service benefits due to less than a year of employment, you are entitled to notice pay and possibly arbitrary dismissal compensation.

Sarah
Thank you!

Host
Another text asks, “Do terms and conditions need to be drafted by a lawyer?”

Ludmila Yamalova
No, but since terms and conditions are legal documents, having them drafted by a qualified professional ensures they are enforceable and aligned with legal standards.

Host
Thank you, Ludmila. As always, it’s been a pleasure.

Ludmila Yamalova
Thank you. Always good to be here.

Host
There’s just so much more to hear. Download our podcast at DubaiI1038.com.

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