Dubai: How to Sue Your Employer for Wrongful Termination

In the UAE, employees who feel they have been wrongfully terminated by their employer have a clear legal process they can follow to seek redress.

The Ministry of Human Resources & Emiratisation (MOHRE) is the governing body tasked with handling such disputes, particularly when the value of the dispute is under Dh50,000.

Process for Filing a Wrongful Termination Claim

If you believe your employer has wrongfully terminated your employment, this may fall under the category of arbitrary termination as per Article 47 of the UAE’s Federal Decree-Law No. 33 of 2021 (the “Employment Law”).

In such a case, you are entitled to file a complaint with the MOHRE, which will work to resolve the dispute amicably.

The legal framework for resolving these disputes has been amended with Federal Decree-Law No. 09 of 2024, which clarifies the jurisdiction of MOHRE.

According to the law, any disputes regarding wrongful termination with a value of up to Dh50,000 fall under MOHRE’s jurisdiction.

Filing the Complaint:

Where to File: You must file your complaint with MOHRE. This process is initiated when you believe your dismissal was without legitimate cause, which could be considered arbitrary according to the law.

Required Documents: To begin the process, you must provide documents proving that your termination was unjust. This might include:

Your employment contract

Pay slips or other proof of income

Correspondence with your employer (emails, warnings, etc.)

Any other evidence supporting your claim

Timeline: Once you file a complaint, MOHRE will attempt to mediate and settle the dispute within a reasonable time frame.

The ministry will review the claim and take the necessary steps to reach a resolution.

MOHRE’s Role and Decision:

MOHRE’s goal is to settle disputes amicably, and it has the power to issue decisions that are binding on both parties in cases where the dispute value does not exceed Dh50,000.

If an amicable settlement is not reached or if either party fails to comply with MOHRE’s ruling, the case can be referred to the court for further legal action.

If a decision is made by MOHRE and one of the parties is unsatisfied, they can appeal the decision by filing a case in the competent court within 15 working days of the notification.

The court is required to schedule a hearing within three working days and deliver a final ruling within 30 working days.

Potential Compensation and Enforcement:

In cases of wrongful termination, if it is determined that your dismissal was arbitrary, you may be entitled to compensation.

MOHRE can also order your employer to pay up to two months of salary if there is a delay in wage payments due to the ongoing dispute.

What to Expect in the End:

If your claim is successful, MOHRE may provide compensation for wrongful termination, including salary for up to two months if applicable.

If MOHRE’s decision is unsatisfactory, you can escalate the matter to the courts, where the final judgment will be binding and not open to appeal.

In summary, if you believe that your termination was unjust, you can file a complaint with MOHRE, which will aim to resolve the issue.

Should MOHRE’s mediation fail or if the outcome is unsatisfactory, the matter can proceed to court, where a final, binding decision will be made.