This relates to the Hasties Group which folded in Australia last week with a loss of 1500 jobs.
Millions
shifted from UAE as Hastie collapsed
The
ABC has learned that as many as 1,500 Hastie Group workers in the
United Arab Emirates may have lost not only their jobs but also their
entitlements in the company's collapse late last week.
ABC,
31
May, 2012
Their
termination entitlements are in jeopardy because more than $3 million
was transferred from Dubai to Australia in the days before
administrators and receivers were brought in.
The
company's top three executives, who signed off on the money transfer,
then left Dubai on fears they may be detained.
On
May 20, as Hastie Group executives tried to negotiate a new deal with
their banking partners, Hastie International electronically
transferred 11 million dirhams - more than $3 million - from their
local bank in Dubai to ANZ Bank in Sydney.
The
transfer document shows the move was signed off by Hastie's regional
finance manager Nathan Davidson and Gary Allen, the regional human
resources manager.
It
is understood that the transfer was ordered by Hastie's head office
in Sydney because of the fragile nature of the company and rapidly
evaporating cash flow.
This
has left Hastie's head office in Dubai with little or no money to
cover the entitlements of around 1,500 workers, some of whom are
expatriate Australians.
There
is no suggestion of unlawful activity, however Mr Davidson and Mr
Allen left Dubai on Monday, when administrators were officially
appointed in Australia.
Another
top executive, Robert Kirkham, who has had a long history with
Hastie, also departed, because of the very real risk that once word
of the Hastie collapse hit, those managers faced the prospect of
being detained under strict laws in the United Arab Emirates about
the need to cover worker entitlements.
There
is a high personal risk for foreigners in the Middle East, especially
those whose business affairs turn sour, and this could be the case
with Hastie - there is no real consistency of laws in the UAE, for
example.
There
is no implication that the executives were fleeing, but they probably
had cause for concern.
'Delicate
situation'
It
is understood that more than 20 expatriate Australians have been left
stranded.
Some
are senior managers who have been working on large projects across
the UAE in Dubai and Abu Dhabi.
The
remaining workers comprise labourers from India, Pakistan, Kuwait and
the Philippines who are entitled by law to gratuities or termination
payments.
Clearly,
Hastie staff in the Middle East are in the dark, and big questions
are being asked about why the $3 million was transferred, where it
ended up, who authorised it and whether they will be called to
account.
Administrator
Ian Carson of PPB Advisory has confirmed the situation in Dubai, but
he says it is a "very delicate" situation.
Mr
Carson confirmed that the $3 million was transferred at the
instruction of Hastie's head office in Sydney and is now tied up as
part of a complex investigation.
"They
did a sweep under management instructions last week, and I think they
were going to transfer some funds back, and then because of the
appointment of receivers, the funds were frozen and they are now
subject to ... Australian corporations law, which will determine how
the priorities work in an insolvency administration," he said.
The
administrators say that because the company had so many subsidiaries,
money would flow between them regularly.
"Some
companies were short of money, some companies had surpluses, so the
norm with companies like this is to move the funds around," Mr
Carson said.
"I
think that management actually had intended and tried to transfer
some funds back, but before they could do that the receivers had been
appointed and the accounts were frozen, and so there is nothing that
then management could do."
Hastie
had to be sponsored to operate in the United Arab Emirates, and given
that the three Hastie executives who can authorise payments have left
the country, the sponsor now has a lot of influence.
The
sponsor is closely connected to a royal family of the UAE and sources
say that the sponsor is refusing to sign termination letters until
there is enough money to pay staff entitlements.
As
in Australia, there is the possibility that staff who have been stood
down may be taken on by other contractors to complete projects, but
that cannot happen until local staff are officially terminated and
paid out.
They
then have to apply for a new work visa in the UAE.
It
is a complex and delicate situation, and there is no guarantee that
any workers will receive their full entitlements
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