Losing your job can be a distressing experience, especially if you believe the dismissal was unjust. Unfair dismissal occurs when an employer terminates your contract without a valid reason or fails to follow proper procedure. Understanding your rights and the steps to seek redress is crucial.
This article outlines the practical process for claiming compensation, and how consulting an experienced employment lawyer Dubai can provide essential local expertise.
Understand Your Legal Grounds
First, confirm your dismissal qualifies as unfair. Common examples include termination due to pregnancy, whistleblowing, asserting a statutory right, or discrimination. Dismissals without notice or investigation often lack fairness. Review your employment contract and the UAE Labour Law. Familiarize yourself with articles detailing lawful termination reasons. Grounds like redundancy or poor performance require evidence and due process from your employer.
Act Within the Time Limit
Speed is important. You typically have one year from your dismissal date to file a claim. Delaying can forfeit your right to legal action. Use this time to gather evidence, not to hesitate. Prompt action demonstrates seriousness and helps preserve evidence.
Gather Comprehensive Evidence
Collect all documents supporting your case. This includes your employment contract, termination letter, payslips, and any written warnings. Save emails, text messages, and meeting notes that show unfair treatment. Create a timeline of events leading to your dismissal. Strong evidence forms the backbone of your claim.
File a Complaint with MOHRE
Initiate your claim by filing a complaint with the Ministry of Human Resources and Emiratisation (MOHRE). This mandatory step involves presenting your evidence. A MOHRE officer will attempt conciliation between you and your former employer. Keep records of all submissions and meetings during this stage.
Proceed to the Labour Court
If MOHRE conciliation fails, you can request a case file to take to the Dubai Labour Court. Submit your claim formally. The court will schedule hearings where both parties present arguments. Present your evidence clearly and consistently. The court may ask for additional documents or witness statements.
Know the Potential Outcomes
A successful claim can result in several remedies. The court may order compensation, which is often capped at a specific amount based on your salary and service length. In some cases, the court might rule for reinstatement to your position. The judge determines the final award based on the case merits, your financial loss, and the employer’s conduct.
By following these steps, you assert your rights effectively. Professional legal guidance ensures you meet all requirements and present the strongest possible case for fair compensation.