Allegation that he was discriminated against on the account of his religious persuasion and not a Saudi Arabian national?
b. What defense would Dynalectron (the defendant) use?
Defence” The relationship between wade & Dynalectron was governed purely by the laws of contract which encompasses both common law principlesof offer& acceptance by both parties. Wade voluntarily entered into the employment contract willing & without undue influence on the basis that: * He understood the provisions Saudi law before hand * He voluntarily converted to Islam. * He was offered by the employer alternative employment opportunity which was reasonable & practicable in the circumstances. * He had not been denied an opportunity to terminate his employment with his employer (not forced to work)
c. What information would Kern’s attorneys ask? Dynalectron’s attorneys?
Questions (i) To proof the fact that he was discriminated against in employment e.g. the fact that he was indeed a non-Muslim in employment and that he risked his life if he continued with the current employment as a pilot.
Question :( ii) * What is your religious disposition “route do you fly over in performance of your employment duties? * Is the route risky given that you are a non-Muslim? * What are the other legal consequences of flying over the route to mecca other than beheading? * Would it be safe for you to continue with your current employment? * By being denied immediate alternative position immediately, what would be his loss of income over the 4 month period? * How safe is his client if he continues to stay in Saudi Arabia
Employers’ (Dynalectron’s) attorney queries
Dynalectronattorney needs to proof that Kern voluntarily entered into contract freely willingly and there is alternative employment by asking the following
* When were you employed by the Saudi Arabian Government? * When (date& years did you accept your terms of employment (entered into the contract of employment)? * What prompted you convert from Baptist to Islamic religion? * At the time of employment, you were of course aware of the route you were to qualify? * By voluntarily convert e.g. to a Baptist region …nation, you were aware of the consequences & for avoidance of doubt what are these consequences? * Have you been offered another employment opportunity. * Why haven’t you taken … the offered opportunity? * By converting to Baptist, are you trying to take advice of Saudi Law.
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