Question: I have consistently received very good performance appraisals from my line manager, and these are officially documented. Now I am terminated from my job on unjustified grounds, can I use these appraisal records as evidence to prove that my termination was arbitrary?
Answer: Pursuant to your queries, it is assumed that you are employed by an employer located in the mainland of Dubai. Therefore, the provisions of the UAE employment law are applicable.
The Article 42(3) Federal Decree-Law No. (33) of 2021 on the Regulation of Labour Relations (the “Employment Law”) recognises termination at the request of either party, provided that the statutory requirements governing termination and the agreed notice period are complied with.
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“At the request of one of the parties, provided that the provisions of this Decree by law regarding the termination of the employment contract and the warning period agreed upon in the contract are abided by.”
An employer may terminate employment of an employee by serving stipulated notice period as mentioned in the employment contract of an employee. This is in accordance with Article 43 (1) of the Employment Law, which states, “Either party to an employment contract may terminate the contract for good cause by giving the other a notice in writing. The employee shall perform his duties during the notice period agreed upon in the contract, provided that the notice period is not less than 30 (thirty) days and not in excess of 90 (ninety) days.”
However, an employer may not terminate employment of an employee without a valid reason. In the event, an employer terminates employment of an employee without a valid reason, such termination may be considered as arbitrary termination. This is in accordance with Article 47 of the Employment Law, which states, “1.A dismissal of an employee by his employer shall be arbitrary if the employee submits a serious complaint to the Ministry or files an action proven to be valid against the employer.
2. The employer shall pay the employee a fair compensation estimated by the competent court, if it is found that the dismissal is arbitrary pursuant to paragraph (1) above.
The amount of compensation shall be determined based on the type of work, the extent of harm sustained by the employee and the length of his service. In any case, the amount of compensation shall not exceed (3) three month's salary of the employee calculated based on the last salary received by him.
3. The provisions of paragraph (2) above shall not prejudice the right of employee to the pay in lieu of notice and severance pay due to him under the provisions hereof.”
The documented positive performance appraisals from your employer may be relevant in challenging an employer’s stated reasons for termination, particularly to contradict allegations of poor performance. Their evidential value may depend on their contents and consistency with other employment records. Accordingly, they may be considered alongside the termination letter, correspondence and any relevant complaint or legal proceedings when assessing the circumstances of the termination.
Therefore, if you feel that your employer has terminated your employment without a valid reason, you may consider filing a complaint with the Ministry of Human Resources & Emiratisation (the ‘MOHRE’) seeking compensation for arbitrary termination along with other end of service entitlements from your employer. Based on your complaint with the MOHRE, the MOHRE may attempt to amicably settle the dispute between you and your employer. In the event there is no amicable settlement with your employer before the MOHRE then you may file an employment case against your employer in the court which has jurisdiction in the emirate of Dubai.
Applicable laws:
Federal Decree-Law No. 33 of 2021 on the Regulation of Employment Relations.
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.
Disclaimer: The information provided above is intended for general guidance and does not constitute legal advice. It is recommended to seek formal legal counsel.