Making a Complaint Against an Incompetent Manager in the UAE

Fair employment practices are ensured in the United Arab Emirates (UAE). The legislation is governed by Federal Decree Law No. 33 of 2021, which regulates Labour and Employment Relations. These rules and regulations outline the obligations of both employers and employees working in any organization based in the UAE. Safe and effective employment practices make the success of the organization. In any work environment, the manager has to ensure the safety of the employees as well maintain good performance at work. Sometimes, a manager fails to perform professionally and efficiently. If the inefficiency continues from the manager’s side, the employee can make a complaint against that manager for their incompetency. He can raise the complaint in HR as well as in MOHRE. However, it shall be managed lawfully under the UAE labour rules and regulations.

Incompetence at work is not defined by a specific management style. Mismanaging deliverables with sufficient guidance and resources is a sign of incompetence. It becomes a huge problem when incompetency results in financial loss or creates reputational damage for the company. To avoid such managers in the future, a formal complaint is made against them.

Before a complaint is addressed to a lawyer who is not involved in the organization, individuals must look for an internal resolution. This means that the employees should submit an electronic or written complaint about the incompetent manager through official communication channels at work. The complaint must have evidence, a documented date of events with details of the manager’s incompetence and how did it impact the project or the business. The employers must do an extensive investigation to ensure fair employment practices. They must allow the managers to speak for themselves as well take testimonies from other employees at workplace.

The solutions at work could be a change of performance plans, providing the manager with more training sessions, or they could be given other responsibilities to manage for a while. During all this time, they shall be professionally supervised. Things might improve with internal solutions, but if not, then other measures shall be taken.

The incompetence may not be resolved through internal decisions at work. Therefore, legal action shall be taken. The employment disputes in the UAE are resolved under the UAE Labour Law. The employees can talk through the Ministry of Human Resources and Emiratisation (MOHRE). They can make a complaint against the incompetence of the manager who has adversely impacted the organization and its stakeholders. Meanwhile, the decision is made by the external law enforcement agencies, and employers can terminate the manager till the final decision against the complaint comes out.

An employer has the right to terminate the employee for their incompetence at work. The termination shall be conducted lawfully. This means that an investigation should be conducted against the incompetency of the manager to ensure the rightful disciplinary action is taken against the manager. Also, immediate termination is unlawful unless the employee has shared sensitive and confidential information about the organisation with an external source. Therefore, the employer will have to give them a second chance or more chances with warnings.

Moreover, if the employee has led to material damages in the organisation, the employer can seek compensation. The compensation claim is valid if it has been proven through evidence. If the proof lacks the information that is not directly connected with the manager’s actions, then the claim cannot be validated.

A criminal offence in the UAE is an illegal action that threats the national security. In a workplace, incompetence is related to mismanagement by the individual, despite of having given them complete guidance and resources for deliverables. The incompetence of an individual can lead to a criminal offence when they misuse the organization’s power and legal obligations.

An operations manager was hired in a retail company in to manage the inventory and coordination with the supplier. Several months later, it was found that the procurement procedures were not followed properly. It resulted in expired goods, excess stock and supplier penalties. The internal audit reported losses of AED150,000. Several trainings were given to the manager, but the performance did not improve. After the careful investigation of the case, the manager was terminated. The employer claim for compensation. A thorough investigation was conducted with written records that had documented warnings, evidence of negligence and how the financial loss was connected with the manager’s incompetence. The court accepted the claim, and justice prevailed. Employer was given the compensation that was decided by court.

When it comes to making a complaint against an incompetent manager in the UAE, documents play a vital role. The UAE courts have reliance on written records than on any other type of evidence. Therefore, warning letters, emails for internal communication and audit reports shall be shared as evidence.

The UAE labour laws are defined to keep employers and employees safe at work. Employment disputes are managed under different laws, including the Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations. This law outlines the obligations of the employee. The compensation claims for employment disputes are resolved under Federal Law No. 5 of 1985, the Civil Transactions Law. Lastly, the criminal offence that would happen due to the incompetence of the manager is resolved under Federal Decree-Law No. 31 of 2021, the Penal Code.

It is important to evaluate the incompetence of the manager based on the skills they have, the resources they were provided with and the impact on the business. Often, the managers would learn to lead it in a better way if trainings are provided to them with time. However, legal action shall be taken against the manager if they have done any harm to the organization’s sensitive information or damaged its reputation. It is advised that employers take legal advice first.

Having a complaint against an incompetent manager in the UAE is not wrong. It should be managed tactfully. This means solutions within the organisation should come first. It may involve skill development sessions with the manager, or they shall be guided in another way to make them understand the work process. If nothing works, then the external complaint shall be filed, which may result in termination from the job. However, the evidence against the incompetent manager shall be well-managed. Fair employment practices should be implemented.