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Buachaill
Buachaill, Barrister
Category: Law
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Experience:  Barrister 17 years experience
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I was dismissed form a company in the UEA misconduct

Customer Question

I was dismissed form a company in the UEA for gross misconduct I have now returned to the UK. if the company has opened a case claiming fraud can I be requested to go to court or a police station in the UEA or be deported?
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
I appointed a sub contracting painting company a contract on site as I was the construction manager, I set a friend up by buy the equipment and introducing him to the manpower supplier on site where he could get some employees. All i asked was he paid back my money that set him up, things went wrong as the manpower company was not getting paid so the owner of the manpower company told me to get t sorted or he wold go to the company CEO and tell him. i went t the company CEO and told him i had nothing to do with it but looks like i may have got myself into a conflict of interest. I got myself so ill with worry i left the UAE and returned to the UK i had all the intention of going and try to explain but was scared i would get arrested. after a week a received a letter terminating my employment for gross misconduct i now here that there have taken a statement from the owner of the manpower company (no idea of what is in the statement) his word against mine? but i am unsure if the UEA can make me return on so little evidence?
Expert:  Buachaill replied 1 year ago.
1. Here, in order that you get prosecuted in the United Arab Emirates, there has to be a request for your extradition presented to the UK authorities. This must set out the criminal offences with which you are charged and formally request your extradition to the UAE. However, to back up a warrant for extradition (which is what the extradition request is called) there must be detailed evidence showing a prima facie case for extradition. Otherwise, the UK will not extradite you. Additionally, you must be charged with an offence for which there is an equivalent in Uk law. Accordingly, if you were charged with fraud, there would be an equivalent in UK law but if you were charged with some other type of offence, you would not be extradited.2. The other thing you should realise is that before any of this become live, you will be asked to give a statement by your prior employer. This gives you an opportunity to put in evidence anything that exculpates you from the alleged offence. So whatever evidence you have which shows you were acting entirely innocently should be given.3. Finally, you should realise that most extradition requests to counties like the UAE are successfully fought on HUMAN RIGHTS grounds. In particular, the fact that some of the punishments meted out in the UAE amount to "cruel and unusual punishments" and thereby infringe the Human Rights Act and the European Convention on Human Rights. So extradition does not always occur. You are much more likely to be sued for money damages than criminally prosecuted. So you should seek to avoid being on the end of a money judgment. 4. Please RATE THE answer, as unless you RATE the Answer, your Expert receives no part of the money you have paid the website so there is no incentive to answer any further questions.

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