The lawsuit alleged that the company's female employees in California earned $150 million less than their male counterparts over an eight-year period
americas1 hour ago
Question: I was recently fired from my job in mainland Dubai. I was good at what I did and have even received certificates from my company for good performance. The company fired me, claiming it was a cost-cutting measure. Can I file a case against my firm for arbitrary dismissal? Can you explain the law points around arbitrary dismissals?
Answer: Pursuant to your queries, as you are employed by a mainland firm based in Dubai, the provisions of Federal Law No. 8 of 1980 Regulating Employment Relations in the UAE (the 'Employment Law') are applicable.
In the UAE, an employer may terminate an employee on various valid grounds, including but not limited to disciplinary actions, poor performances, long-term health issues and genuine economic challenges. However, if the employee feels that his termination is arbitrary and not based on one of the aforementioned reasons, he may approach the Ministry of Human Resources and Emiritisation (the 'MOHRE') and thereafter, the court which has jurisdiction to hear the matter if necessary.
This is in accordance with Article 122 of the Employment Law, which states: "Termination by the employer of an employee's service is considered arbitrary if the cause for such termination has nothing to do with the work. In particular, termination is considered arbitrary if the employee's service has been terminated on grounds, or a reasonable complaint lodged by him to the competent authorities, or on grounds of a justifiable action brought by him against the employer."
If your employer can prove that they are compelled by economic challenges to cut costs, then your termination may not be considered as arbitrary dismissal. However, if your employer is unable to prove economic challenges for cost-cutting then the termination may be considered as arbitrary. The Employment Law is silent on cost-cutting as a ground for termination.
Further, if you believe that your termination is arbitrary, then you may also claim compensation of up to three months' salary. This is in accordance with Article 123 of the Employment Law, which states: "a. If the employee has been arbitrarily dismissed, the competent court has the jurisdiction to give judgement against the employer for payment of compensation to the employee.
"The court shall determine the amount of this compensation, taking into consideration the nature of work sustained by the employee, period of service and after investigation of dismissal circumstances. Provided that in all cases, the amount of compensation should not exceed the employee's pay for a period of three months, to be worked out on the basis of last pay due to him.
"b. The provisions of the preceding clause shall not prejudice to the employee's entitlement to the gratuity due to him and notice period provided for in this Law."
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.
The lawsuit alleged that the company's female employees in California earned $150 million less than their male counterparts over an eight-year period
americas1 hour ago
Singer on his journey filled with love for creating music, controversies and personal growth
entertainment1 hour ago
Tesla CEO Elon Musk, a close Trump adviser, sharply criticised the idea of barring the automaker from EV subsidies
americas1 hour ago
The last time a Filipino head of state came to the country was in December 2008 during the time of Gloria Macapagal-Arroyo
uae1 hour ago
This year's turkeys are named after the Delaware state flower, the peach blossom, which symbolises resilience, says the president
americas1 hour ago
Then-president Trump refused to attend Biden's inauguration in 2021, after falsely claiming his election win was fraudulent
americas1 hour ago
The country last month prohibited the marketing and sale of the iPhone 16 model over the tech giant's failure to meet local investment regulations
tech1 hour ago
Some vehicles in a convoy of protesters ran over security officers, killing the paramilitary officers, says the prime minister's office
asia2 hours ago