Arbitrary Dismissal, Unfair Termination or Wrongful termination

Arbitrary Dismissal, Unfair Termination or Wrongful termination
Arbitrary Dismissal, Unfair Termination or Wrongful termination are the forms of terminations when an employee is terminated on wrongful grounds. UAE Labour Law where directs the employee to complete his contract or leave the job as per described rules, similar they put some directions and instructions on the Employers as well that they can not terminate an employee without any reason. Even if he has to because of the poor performance, then he needs to be provided with a Warning Letter first. Furthermore, Law says that an employee has to be terminated on valid grounds, the Employer will pay the Compensation, otherwise. If there is a breach by the employer then the employee has a right to
*ask for compensation himself
*ask for by serving a legal notice, (through a Law Firm)
*Lodge the complaint in Ministry of Labour or in respective Free Zone   Authority



A good Employer/Company
A good Employer/Company will always prefer to avoid any sort of employment dispute. But if they have to take any measure or important decision then they will surely consult the Legal Consultants in Dubai. The same rule applies to employees as well. When a dispute is created and the matter is not taken to the next level, we recommend employees should also consult legal consultants or lawyers in Dubai. Even if the employee has to contact the HR, he should check with a legal consultant first. There are many good Law Firms in UAE, providing quality services, consultation and legal support.  
What if the Complaint is lodged
If the matter can not be managed amicably. Then both parties have the right to take the matter to Court. But Hold On, not directly. There is a pre-court institution called MOL or respective Free Zone authority where both parties are called for negotiation, settlement, reconciliation etc. MOL does his best to finish the matter here even if they also give an opinion in favour of the right party. But they are not in a position to impose the verdict like the Court. Therefore if they find both parties are not willing or reluctant to follow the opinion described by MOL which is based in LAW, then upon the request of Complainant, they refer the matter to Court where it becomes a Full-Fledged Court Case. MOL also calculates the claim amounts, objectives and gives a referral letter to the complainant, which is taken to Court for Case registration. Once the case is registered then here it comes to the role of the Labour & Employment Lawyers.
When finally it becomes a Court Case then Labour & Employment Lawyers are required for a good Legal Representation in Court. Nobody can represent Plaintiff better than a Lawyer. Only a lawyer can represent him in the Court if he knows about the Law. For a layman, it is not an easy game at all. Arabic Language, Legal Memos, Court Hearings, Sessions with the Judge, Session with the Experts etc, there are many requirements which can be performed by only the "Expert Lawyers", we repeat expert lawyers. The difference among lawyers in terms of capability and skills will be discussed in another blog sometime. For the moment the point to be produced is, to hire a competent Labour & Employment Lawyer which is only possible through an amazing and well-known Law Firm.
Level of Courts
There are three levels of Courts.
*First
*Second(Appeal)
*Third(Cassation)
If the matter is more than 20, 000 AED then it can be taken to Second Court. If the matter is more than 500, 000 AED then it can be taken to the Cassation Court which is called Third Court or High Court.
Note: Amounts can differ or can be changed as per the latest and amended rules. Please Check with the Respective Court for this.

UAE is one of those countries where supporting documents or written proof play a vital role. What does it mean? It means verbal proofs do not worth a lot or given priority by the Law as compared to written proofs. Therefore, before knocking on the door of the court make sure that you have enough supporting documents. These are the things that always get settled and decided while having an expert consultation session with the lawyers. If while making a deal you could not get a contract copy and just because of that you lost the case, then you will be only responsible for the loss and defeat.
Justice is also kept beyond everything in UAE. It is as according to two laws;
  1. Islamic Law is also known as Sharia Law.
  2. International Law
The law equally applies to everyone in UAE. There is no discrimination between Emiratis and Expatriates. If Emirati will make the mistake he will be punished. Any Lawyer in UAE can be asked about the situation of Law in UAE. He will tell you through practical illustrations how the foreigners and the locals were fined when they accede to the local Law. Therefore while living in UAE please do not violate the rule of Law.

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