Publicado en Foro de Cape Town
A word of warning to all you expats out there just make sure that you are working for an honest company, and check that your contracts are what they say, contracts of employment.
Although at the end of the day, it doe's not seem to matter if they decide that they do not want to honour a contract, with all the muscle they have, and the teams of lawyers they employ, they will not honour anything.
Its amazing how most corporates depict themselves as reputable, morally upstanding and honest, until it comes to the crunch that is, as in my case.
A quest for Justice in Oman
How can big corporations get away with fraud and injustice and pontificate about their high moral standards. I speak here from personal experience about two such corporations, first The Trane Company, now owned by an even bigger corporate Ingersol Rand, who used me to commit all sorts of illegal activities, example being, knowingly evading import duty on spare parts into Oman, operating tax evasion and money laundering operations in Switzerland in conjunction with Ernst & Young one of the big four accounting firms and other shipping insurance frauds.
I think I should go back to the beginning of the story to 1991 when I had an accident at work, suffering crushed discs in my back. After many months off work I attended a medical tribunal, consisting of a Number of doctors, this was in Oman. It was deemed by this tribunal that I was completely unfit to ever work again and given a medical disability discharge.
The Trane Company was informed of this, but were reluctant to make any workman's compensation payment as per Omani Labour Law.
I then attended the Oman labour court to explain the situation, whereon the Trane Company sent me a faxed letter to the office of the Trane sponsor, SFO at that time, saying not to involve the sponsor but to return to the Sharjah in the UAE and they would pay me the workman's compensation as per Oman labour law, the letter is included in an attachment with this letter.
I did return to the UAE in good faith, but Trane completely refused to acknowledge the terms of the Oman Labour Law, which stated at that time as follows:-
Part 4, Article 21through 32
" States" if the injury results in a permanent physical handicap which reduces the employee's earning capacity, he shall have the right to claim compensation for that handicap in function of the degree of disability, determined by the medical board, as paid down in the table for calculating the degree of disability, and any medical expenses that occur during the cause of rehabilitation.
"Further" if it the injury leads to the death or permanent disability of the employee, amount of compensation required also to be paid shall be 36 times the monthly basic wage provided it shall not be less than R.O. 1300 nor more than R.O. 2400."
The amounts depending on the amount of salary earned at that time.
Trane Company stated they would only pay their version of what they considered the Oman Workmans Compensation $ 1312 and no further medical aid, see letter enclosed in the attachment.
Trane had now removed their sponsorship from S.F.O. and I was unable to contact the new Trane sponsor.
Because I had written contracts with Trane I then instigated a claim in America,
which after a lot of connivance with the Trane lawyers went to court in Wisconsin in 1994.
The court ruled that because I was not in America when I signed the contract, I was not a Trane Wisconsin employee and therefore did not have jurisdiction in America, and laid down in his summery, that I actually worked for Trane SA ,a Switzerland based company.
After many,many months of searching, with out any help from Trane Company, I discovered that the address for this company was a Box No. in Switzerland,which was administered by Ernst & Young accountants which was basically an illegal tax evasion and money laundering operation. See report in the English Daily Telegraph newspaper Friday, August 5th, 2005. If I can find out how to scan a copy of this, I will post a copy on my page at a later date.
I spent many months and years writing and trying to contact this address but without any success.
I have now spent the past twenty years going through the American Judicial system as far as the Supreme Court Of America, without the aid of any professional help, where my case for the right of jurisdiction was at first put on the role for a hearing, but a few months later, withdrawn with no reason given in 2006.
I have been to the European Court of justice, again jurisdiction denied in 2008.
I finally returned to the Oman courts in 2009, and after paying a substantial amount of money to a local Omani lawyer, This being sponsored by a very good friend Charlie Haslam.
However after not hearing from this lawyer for over a year and finally contacting him in 2011 I was informed that the claim had been denied because of time restraint, this without me being asked to appear before the court. I always thought Islamic Law supported the oppressed.
I do believe that I have a right to appeal to the Sultan himself which I have tried to do but without the right contacts, its like another mountain to climb.
Someone has suggested opening a website campaign, so I would be very grateful for any suggestions.
In conclusion I did receive a letter from Trane in 2009 which in part said, that I was given all monies owed, but there was certain amounts I refused to accept, I must admit they are very good at twisting things. This letter is also included in the attachment.