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Legal view: Can I use emails as evidence in UAE court?

Ashish Mehta
Filed on March 17, 2020 | Last updated on March 17, 2020 at 06.56 am
legal view, email, evidence, uae court

(Alamy)

Nothing shall prevent the acceptance of an electronic communication or electronic signature as proof.

Q2) I was employed as a business executive for the past five years by a construction company based in the emirate of Dubai. My employer has not reimbursed me for fuel costs which amount to Dh9,500. I am in possession of several email correspondences from my manager wherein it is stated that the said reimbursement has been approved by my employer. However, after I tendered my resignation, my employer has refused to pay the aforementioned fuel reimbursements due to me along with my end of service settlement. Do I have the right to file a case against my employer? Is email correspondence considered as proof in the court of law?

Answer

Email correspondence from your previous employer is admissible as evidence to prove the acceptance by your previous employer of the reimbursements due to you. This is in accordance with Article 12 (1) of the Electronic Transactions and Commerce Law No. 2 of 2002 (the 'Electronic Transactions Law'), which states:

"(1) Nothing shall prevent the acceptance of an electronic communication or electronic signature as proof:

(a) Solely on the ground that the communication or the signature was electronic in its form.

(b) Solely on the ground that the communication or the signature was not original or in its original form, if such electronic communication or signature is the best evidence that the person adducing it could reasonably be expected to obtain.

Based on the aforementioned provisions of law, it may be noted that if your previous employer refuses to settle your end-of-service benefits and fuel reimbursements due to you, you may approach the Ministry of Human Resources and Emiratisation (Mohre) and file a complaint along with relevant documentary evidence such as reimbursement receipts and email correspondence. The Mohre may consider your claim of Dh9,500 towards reimbursement of petrol expenses incurred by you as a separate matter and may not link it with your end of service benefits. If there is no amicable settlement, the Mohre may issue a letter to file an employment case against your previous employer in the court which has jurisdiction to hear the matter.

Know the law

Nothing shall prevent the acceptance of an electronic communication or electronic signature as proof

Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.


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