شكوى الفصل التعسفي - Wrongful Termination Lawsuit

Winning Your Wrongful Termination Case in the UAE

wrongful termination lawsuit is one of the types of cases that affirm the rights of employees when an employer terminates their employment without consulting them and without paying their due wages. This is a brief overview of information on wrongful termination lawsuit. If you are interested in learning more about this topic, this article is for you!

What is The Wrongful Termination?

The wrongful termination is: when an employer terminates an employee without prior warning or without a justifiable reason.

There are two common scenarios for wrongful termination:

  • When an employee files a complaint with the Ministry of Human Resources and the employer responds by terminating their employment without warning and without a valid reason.
  • When an employee files a lawsuit against the employer and proves it, leading to the employer dismissing them also without warning or a valid reason before the end of the specified period in the employment contract.

How To Take A Legal Action Against Wrongful Termination?

Anyone can find themselves in the unfortunate situation of wrongful termination, as employers can have diverse and conflicting temperaments. It is essential to be prepared for such an eventuality. Here are tips that help to take a legal action against wrongful termination.

  • Consult with a lawyer immediately. You can contact us using the WhatsApp button at the bottom.
  • Prepare evidence proving that you were wrongfully terminated.
  • The lawyer will file a legal complaint with the Ministry of Human Resources and Emiratisation before proceeding to the competent labor court.
  • Focus on fully asserting your rights, and opt for an amicable resolution if the dispute is minor or if you do not have a comparable opportunity available in the near term.

Procedures For Wrongful Termination Lawsuit in the UAE

If youwere wrongfully terminated from your job, there’s a chance that your employer may fail to pay your rightful dues. The correct legal approach in such a situation is to file a complaint. What are the steps involved?

  1. Attend sessions aimed at amicably resolving the dispute between the two parties.
  2. Refer the case to the labor court if an agreement cannot be reached between the employer and the dismissed employee.
  3. The labor court will schedule a hearing within a maximum of three days from receiving the case.
  4. A judgment for compensation will be issued in favor of the employee once the employer’s wrongful termination has been proven in court.
  5. Complete all legal proceedings within a year at most to ensure the employee’s rights awarded by the court are not forfeited.

Employee Rights After Wrongful Termination

An employee wrongful termination in the United Arab Emirates is entitled to several rights, including compensation for the harm suffered. The financial compensation awarded in wrongful termination lawsuit is determined based on four considerations:

  • The nature and type of work performed by the employee.
  • The years of experience and service the employee has provided to the workplace.
  • The extent of damage suffered by the employee due to the dismissal.
  • The salary that the employee was earning during their employment.

The compensation amount shall not exceed the equivalent of three months’ salary of the employee. In addition to compensation, the employee is also entitled to an end-of-service gratuity if the conditions for such are met. Furthermore, the employee has the right to receive all other financial entitlements due from the employer, which might include delayed payments, as well as any entitlements awarded by the court in the lawsuit!

You might need to know: Compensation for Termination of Employment UAE

Legitimate Reasons for Termination in the UAE

  • The employee commits forgery or impersonation, or provides false and counterfeit documents and certificates.
  • The employee commits a serious error that results in substantial damages, causing significant loss to the employer.
  • The employee deliberately causes harm to the workplace.
  • The employee violates the internal regulations of the organization or establishment they work for, provided they were previously aware of these regulations.
  • The employee fails to perform their duties, especially if this non-compliance continues despite prior warnings.
  • The employee discloses the workplace’s intellectual or industrial secrets, particularly if this results in material damage.
  • The employee is convicted by a court specializing in cases of integrity, honor, and public morals.
  • The employee engages in misconduct, such as using drugs at the workplace during official working hours.
  • The employee repeatedly absents themselves without valid excuses or justifications.
  • The employee assaults their manager or a colleague, either verbally or physically.
  • The employee works elsewhere without informing their primary employer and in violation of the terms agreed upon in their employment contract.
  • The employee engages in other tasks during work hours that benefit them personally.

It’s important to note that these cases are somewhat broad, and while some may be proven, others may be more challenging to verify depending on the situation. If you need any legal advice, directly contact a specialized labor lawyer via the WhatsApp button at the bottom of the screen.

The courts in the United Arab Emirates pay significant attention to labor cases and tend to process them more urgently than others due to the importance of labor and workers in sustaining the economy. Be assured that the law is on your side and will protect your rights, so do not hesitate to pose any questions or inquiries regarding any labor issues you encounter. Certainly, do not forget that we have some of the most skilled lawyers in the United Arab Emirates who can help you claim all your rights! We are available via WhatsApp for further communication!

نور الدين

About Author

Humam Khalifa

A seasoned legal researcher with over 10 years of experience in legal research, article writing, precise legal analysis, and extensive legal research across various fields of law, including civil law, commercial law, criminal law, and international law.

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