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Ask James D. Ford Your Own Question
James D. Ford
James D. Ford, Solicitor
Category: Australia Law
Satisfied Customers: 1601
Experience:  Consulting Principal at Nexus Law Group
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I'm an airline pilot with Etihad Airlines on the B777 and

Customer Question

Hi, I'm an airline pilot with Etihad Airlines on the B777 and I have recently been through a very messy divorce here in The UAE (I'm and Australian) My ex wife went to the company and provided them with personal and private text messages I had sent her. Some of them about "arabs" and "Indians" which were derogatory in nature and one or two about personnel in rostering that I had issues with at the time. Etihad are now trying to "Force me to resign" based on this information and I have been removed from all flight duties. They are quoting that I am a "flight risk" and a safety concern and they have quoted the "german wings" incident to me at every meeting I've had with them. Its unbelievable! What they are doing to me is totally unfair and unjust. Can I fight them?
Submitted: 1 year ago.
Category: Australia Law
Expert:  James D. Ford replied 1 year ago.
Are you employed in the UAE, or from Western Australia?
Customer: replied 1 year ago.
Hello there, I'm employed in the UAE but I'm from WA. I'm Australian working here. I need help. What these people are doing is just wrong. They have a history of doing things like this to their employees. Many pilots and flight attendants have been treated unfairly here I'm finding out.
Expert:  James D. Ford replied 1 year ago.
Hi, as you are employed in the UAE, my assumption is that Australian laws will not apply to your situation.
Therefore, I am unable to assist you.
As we do not have any lawyers who specialise in the law of the UAE, I recommend you approach a local lawyer in the UAE to obtain assistance with your situation.
Kind regards,
James
Customer: replied 1 year ago.
If they "sack" me can I Pursue them legally in Australia for what they've done? I have secretly recorded all our conversations together and I'm pretty sure what their doing is totally illegal?
Expert:  James D. Ford replied 1 year ago.
I would suggest no, you cannot pursue them legally in Australia if they sack you... unless there is some international treaty between UAE and Australia with respect to enforcing workplace rights (which I suggest is highly unlikely).
I understand you are now divorced. Have you reached a property settlement with your ex-wife? Are any of the marital assets in Australia?
I assume your employment Contract will specify the relevant legal jurisdiction the covers your employment, and without looking at it I assume that would be the Courts in the UAE.
If the employment Contract specifies jurisdiction of Australian Courts, then yes you would have rights to pursue them legally in Australia. The Fair Work legislation in Australia only applies to Australian employers and employees.
Kind regards,
James