This is also known as “unfair dismissal” wherein an employer decides to lay off an employee or coerce to do so without any reasonable grounds. This kind of dismissal is usually against the rules and regulations that are laid down by the government through a country’s labour law. For this, it means that the dismissal is unjustifiable and unreasonable and needs to be looked into.
Employees can file a complaint with regard to this when they know in themselves that laying them off is unfair. On the side of the employers, they must provide proof or evidence of their claim that the employee is dismissed with a good and substantial basis, like an employee is incapable to perform responsibilities, misconduct, not qualified, etc.
In the Article 122 of the UAE Labour Law, it states there that termination of an employee with the reason that is unrelated to work or because an employee has filed a complaint against an employer that results to termination means that it is an unfair dismissal.
To further understand this, it is essential to have an idea of the types of arbitrary dismissal that are listed below.
There can be cases that an employee is a reason that a company suffers a great loss in revenue or something else entirely. This kind of incident is advised to be reported immediately within 48 hours along with evidence of the phenomenon to the Ministry of Labour or Ministry of Human Resources and Emiratisation.
In this case, the failure of the employer to do the above will make his action of terminating the employee for that reason an unfair dismissal.
Employers that demote their employees and give them lower pay than what they started with can be seen as an unfair dismissal as well and can be grounds for an employee to file a complaint.
A forced resignation is when an employer coerces an employee to pass a resignation letter. One of the ways of doing this is by threatening an employee to give in resigning. Threats are usually verbal intimidation in which an employer will threaten an employee that he will terminate him, damage his property, or make up an issue regarding his performance to simply compel him to resign.
There is a list of reasons that a termination can indeed be done by an employer without any notice at all. According to Article 120 of the UAE Labour Law, the following is deemed lawful to be done by employers:
If the above-mentioned mentioned are used against an employee with proof to back it up, it is lawful and the employer has the right to dismiss his employee.
However, if an employee believes that it’s an unfair dismissal, a complaint can be filed. You are allowed to voice out your side to the Ministry of Labour, and if an amicable settlement is not reached, it shall be moved to the courts.
Compensation, unpaid dues, or other benefits that are not given to the employee can be claimed. The court will decide on the amount that will not exceed the employee’s three months’ worth of salary.
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