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Denial of dues: Retired staff can sue employer

Tarik Nassar represents Jaíafar Alwan, Al Jaziri & Associates Readers may e-mail their questions to: ktedit@emirates.net.ae or send them to Khaleej Times, Dubai P.O Box 11243.

Q: I have been living here since 1977. I am now over 60 now. My dilemma started upon the termination of my service on October 13, 2003. The company refused to pay the dues. After having failed to settle the dispute amicably, I approached the court which, on January 25, 2006, ordered the company to pay my dues in full. The firm intentionally delayed the payment to prolong the dispute, and add to my sufferings. It challenged all the documents and certificates I submitted in the court. These included the papers the company itself had issued and even the report of the expert assigned by the court. Is it possible to seek compensation for the psycholgical trauma I had undergone and financial losses I had suffered all these years?

A: As said in the question, the company had been intentionally delaying the payment since 2003 to cause more psychological and financial worries for the questioner.

First, we should bear in mind that every person is entitled, under a general legal rule, to defending himself/herself by all possible legal means. However, this rule is specified more in Article 106 of the Civil Procedures Code. The right of a person — be he/she a complainant or defendant — to file a lawsuit or defend himself/herself shall not be misused or used excessively.

Otherwise, he/she shall be held responsible for such excess or abuse of a right.

Should a right be misused in a way that causes harm to the others’ rights and interests, it shall be considered an illegal act, against the Islamic teachings and rulings, and a violation of law and order. No one is legally entitled to misusing their rights or harming whatever considered by the customs and traditions as rights of others.