If an employer does something which qualifies as a breach of an employment contract, causing an employee to tender resignation, then it is possible for the concerning employee to make a claim for arbitrary dismissal or constructive dismissal with the help of legal consultants. Acceptable reasons for filing a claim include:
- Removal of essential benefits by employer, which are in the employment contract
- Failure to provide support in carrying out work duties
- Failure to provide a healthy and safe working environment to employee
- Making unreasonable changes to working conditionsg. increasing working hours
- Demotion without providing an acceptable reason
- Failure/denial to provide employee renumeration
- Failure to take action in cases of discrimination or bullying within the workplace
Arbitrary dismissal involves complex legal matters, which can be dealt with the lawyers and legal consultants of HHS Lawyers. Our qualified attorneys specializing in Employment Legislation in UAE can provide expert assistance and advice on all matters related to breaches on employment contracts, claims, settlements, and compensation.
The firm can help ensure you have a full understanding of the situation and all possible options to be able to make an informed decision on which course of action you'll take, whether to pursue an arbitrary dismissal claim or file a breach of employment contract case.
Regardless of whether you don't qualify to make an arbitrary dismissal claim, our legal consultants can advise you on making a general protection or unlawful dismissal claim.
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Claims for Arbitrary Dismissal
In order for you to make an arbitrary dismissal claim, our lawyers will compile and present sufficient relevant evidence showing the employer committed a breach of the employment contract which resulted to your resignation. Take note: you must provide the requisite duration of service before a claim is filed.
Also, even if you think your case is solid for arbitrary dismissal, it’s important that you seek legal advise before tendering your resignation. Quitting a job is a massive step, and there are less risky ways in resolving problems in the workplace. Without expert advisory, finding a solution and proving arbitrary dismissal can be difficult. Prior taking any action, call our office so we can schedule a consultation to discuss your eligibility for making a claim and the possible compensation for settlement.
An unfair dismissal claim can be filed if you were unfairly dismissed, instead of being forced to resign, for the following reasons:
- Pregnant or on maternity leave;
- You took an action over issues regarding workplace health and safety;
- Disclosure of information related to contraventions in the workplace;
- Request for rights to be addressed e.g. to receive medical insurance
An employer may be held liable if relevant dismissal or disciplinary processes are not followed when terminating employment contracts. Seek the guidance of our lawyers as they can assess your eligibility for unfair dismissal compensation.
At HHS Lawyers, our team will guide you in this potentially stressful and difficult time not just to protect your interests, but also stand up for the rights you are entitled from the UAE employment and labor law. From high-ranking executives and partners to junior staff members, our clients can expect the highest level of care, support, and attention.
Our UAE employment and labor law services cover a full spectrum of constructive and unfair dismissal cases. If you've been dismissed under unfair circumstances, we can help by considering reasons employer has for the employment termination and understanding the process followed to achieve this. From our investigation, we'll advise you on how you can challenge the dismissal. We'll also ensure you are fully informed regarding the compensation you're able to claim, may it be through out-of-court settlement or legal proceedings.
While the firm is known for its employment litigation cases, our legal consultants can resolve cases and achieve favorable results through negotiated settlements. If you want to lower costs, reduce anxiety and stress, and speed up compensation for arbitrary and unfair dismissal claims, we would suggest you talk to our advisory team for mediation.
Additionally, if you’re called to attend a dismissal or employment disciplinary hearing, reach out to us as we can advise and represent on your behalf. Expert legal advisory is just a phone call away, so call us now!