Wrongful Termination

December 25, 2017

In UAE, when employees are treated in a bad manner, they are insulted, threatened or terminated on wrong grounds, and then Law protects the victim and provides the opportunity to receive compensation. Especially when an employee is terminated on wrong grounds. As 3-month compensation is awarded to the employee and he can get other than this as well if he had to suffer mental or physical sickness due to its termination or any threatening act.

UAE Labour Law, having special clauses for wrongful termination or Arbitrary Dismissal. An institution is available before the court, which is called MOL, ministry of Labour where matter can be resolved with negotiation before a third neutral party which is from Government. If the matter is not resolved there and the employer continues to act like a stubborn kid then MOL refers the matter to Labour Court with their own remarks that which party was not willing to resolve the matter in MOL and which party could not bring the supporting documents. Labour Court is a place where the victim can get justice. It’s a place where compensations are awarded to the employee which is essential to be followed by the Employer, though he reserves the right for appeal in the appeal court. One thing needs to be mentioned here that are supporting documents. UAE puts more emphasis on supporting documents. For example, for arbitrary dismissal, the employee has to prove that no notice period was served. He has to prove that termination without the maturity of the contract fully based on an unfair decision or a biased decision. Suppose despite a wrongful termination, the employee does not prove in the first court, with the support of supporting documents then his case might be rejected by the first court. Though he reserved the right to appeal too. A good Labour Emirati Lawyer in Dubai, always asks for the available supporting documents first before starting the legal procedure. If a Lawyer in Dubai, UAE or in any emirate of Dubai does not ask for supporting documents (complete, as per the case) then you should avoid him. He might lose your valid claim.

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