Related: Sharjah Ruler to pay Dh200,000 blood money to release Emirati woman from prison
The case of an Emirati woman imprisoned after her employee was electrocuted has highlighted the duty of care employers must uphold in regard to their staff.
A criminal case was filed against her in a court in Sharjah's Kalba area and she was asked to pay blood money to the family of the worker.
She is set to be freed thanks to the intervention of Sheikh Dr Sultan bin Muhammad Al Qasimi, Ruler of Sharjah, who agreed to pay the Dh200,000 amount following a plea from her husband on the emirate's government-run radio station.
No further details about the legal case against the woman were disclosed.
But the matter has put into sharp focus the responsibilities of an employer or sponsor, following the wrongful death of a worker.
Here, The National examines what a wrongful death is defined as under UAE law, what action can be taken against employers and how far their duty of care extends.
According to the UAE’s penal code, mistakenly causing the death or injury of a person due to negligent behaviour is a crime.
Wrongful death cases can include fatal incidents that happen at the workplace or as a result of car accidents.
What sponsors can do to boost safety
“Employers must always ensure safety procedures are followed in the workplace,” said Emirati lawyer Eman Al Rifai.
“Protective equipment is a must and warning signs should be in place in languages workers understand.”
She said should the nature of the job require safety training, employers must ensure this is conducted regularly.
Prosecutors decide whether to bring criminal charges. They need to provide the court with supporting documents that prove safety regulations at the scene of accident were not followed, such as medical and safety experts' reports.
An issue for every employer
The country's wrongful death law covers not only companies and people overseeing large numbers of staff, but also sponsors who may only have a single employee, such as a maid or nanny.
A legal expert said those employing domestic help would also be liable under the law, but it would require evidence of wrongdoing on their part.
“If a nanny died after a glass board that has not been secured well by the sponsor fell on her, then the sponsor or employer may be held responsible,” said legal consultant Ayham Al Moghrabi.
“Or if you have a private driver and he was involved in an accident that traffic experts proved was due to poor maintenance on the car, the employer can be prosecuted if it was his responsibility to carry out the maintenance,” he added.
“We can't list all the safety requirements and precautions at all of the different types of workplaces but we can say that employers, whether of large groups of workers or even people like domestic workers, must always ensure safety precautions are in place and are kept up to date.”
Tough punishments for breaching duty of care
Offenders can face up to five years in prison and a fine, or one these two penalties.
“This applies if the crime occurred as a result of the offender’s breach of the duties of their profession or trade, or if they were under the influence of alcohol or anaesthesia, or if at that time refrained from assisting the victim despite being able to do so,” article 342 of the penal code states.
In a case in 2018, a worker was crushed to death at a Jebel Ali construction site.
He was on his way to take a drink from a water cooler and was crushed between a crane that was reversing and a stack of timber.
The Pakistani crane driver, site supervisor and project manager were all charged with causing wrongful death but reports proved both the driver and supervisor were not at fault.
Dubai Court of Misdemeanours then convicted the project manager and he received a suspended six-month prison term.
He was also fined Dh10,000 and ordered to pay Dh200,000 in blood money.
Following a wrongful-death lawsuit against an employer in a criminal court, surviving family members can file a civil suit seeking compensation.
The specs
Engine: 3.0-litre 6-cyl turbo
Power: 435hp at 5,900rpm
Torque: 520Nm at 1,800-5,500rpm
Transmission: 9-speed auto
Price: from Dh498,542
On sale: now
Six large-scale objects on show
- Concrete wall and windows from the now demolished Robin Hood Gardens housing estate in Poplar
- The 17th Century Agra Colonnade, from the bathhouse of the fort of Agra in India
- A stagecloth for The Ballet Russes that is 10m high – the largest Picasso in the world
- Frank Lloyd Wright’s 1930s Kaufmann Office
- A full-scale Frankfurt Kitchen designed by Margarete Schütte-Lihotzky, which transformed kitchen design in the 20th century
- Torrijos Palace dome
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Killing of Qassem Suleimani
The biog
Favourite hobby: I love to sing but I don’t get to sing as much nowadays sadly.
Favourite book: Anything by Sidney Sheldon.
Favourite movie: The Exorcist 2. It is a big thing in our family to sit around together and watch horror movies, I love watching them.
Favourite holiday destination: The favourite place I have been to is Florence, it is a beautiful city. My dream though has always been to visit Cyprus, I really want to go there.
Countries offering golden visas
UK
Innovator Founder Visa is aimed at those who can demonstrate relevant experience in business and sufficient investment funds to set up and scale up a new business in the UK. It offers permanent residence after three years.
Germany
Investing or establishing a business in Germany offers you a residence permit, which eventually leads to citizenship. The investment must meet an economic need and you have to have lived in Germany for five years to become a citizen.
Italy
The scheme is designed for foreign investors committed to making a significant contribution to the economy. Requires a minimum investment of €250,000 which can rise to €2 million.
Switzerland
Residence Programme offers residence to applicants and their families through economic contributions. The applicant must agree to pay an annual lump sum in tax.
Canada
Start-Up Visa Programme allows foreign entrepreneurs the opportunity to create a business in Canada and apply for permanent residence.
White hydrogen: Naturally occurring hydrogen
Chromite: Hard, metallic mineral containing iron oxide and chromium oxide
Ultramafic rocks: Dark-coloured rocks rich in magnesium or iron with very low silica content
Ophiolite: A section of the earth’s crust, which is oceanic in nature that has since been uplifted and exposed on land
Olivine: A commonly occurring magnesium iron silicate mineral that derives its name for its olive-green yellow-green colour
Our legal consultant
Name: Dr Hassan Mohsen Elhais
Position: legal consultant with Al Rowaad Advocates and Legal Consultants.
UAE currency: the story behind the money in your pockets
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Voy!%20Voy!%20Voy!
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The candidates
Dr Ayham Ammora, scientist and business executive
Ali Azeem, business leader
Tony Booth, professor of education
Lord Browne, former BP chief executive
Dr Mohamed El-Erian, economist
Professor Wyn Evans, astrophysicist
Dr Mark Mann, scientist
Gina MIller, anti-Brexit campaigner
Lord Smith, former Cabinet minister
Sandi Toksvig, broadcaster
Our legal columnist
Name: Yousef Al Bahar
Advocate at Al Bahar & Associate Advocates and Legal Consultants, established in 1994
Education: Mr Al Bahar was born in 1979 and graduated in 2008 from the Judicial Institute. He took after his father, who was one of the first Emirati lawyers
The more serious side of specialty coffee
While the taste of beans and freshness of roast is paramount to the specialty coffee scene, so is sustainability and workers’ rights.
The bulk of genuine specialty coffee companies aim to improve on these elements in every stage of production via direct relationships with farmers. For instance, Mokha 1450 on Al Wasl Road strives to work predominantly with women-owned and -operated coffee organisations, including female farmers in the Sabree mountains of Yemen.
Because, as the boutique’s owner, Garfield Kerr, points out: “women represent over 90 per cent of the coffee value chain, but are woefully underrepresented in less than 10 per cent of ownership and management throughout the global coffee industry.”
One of the UAE’s largest suppliers of green (meaning not-yet-roasted) beans, Raw Coffee, is a founding member of the Partnership of Gender Equity, which aims to empower female coffee farmers and harvesters.
Also, globally, many companies have found the perfect way to recycle old coffee grounds: they create the perfect fertile soil in which to grow mushrooms.
Groom and Two Brides
Director: Elie Semaan
Starring: Abdullah Boushehri, Laila Abdallah, Lulwa Almulla
Rating: 3/5
The specs: Rolls-Royce Cullinan
Price, base: Dh1 million (estimate)
Engine: 6.75-litre twin-turbo V12
Transmission: Eight-speed automatic
Power: 563hp @ 5,000rpm
Torque: 850Nm @ 1,600rpm
Fuel economy, combined: 15L / 100km