The Abu Dhabi Labor Court has appointed four citizens, three women, one of whom has an executive MBA with honors, and a man who have been arbitrarily dismissed in a humiliating manner by a private company without any appreciation for their period of work. Amounting to 559,766 dirhams, with provision for urgent access and without bail.

The four citizens asserted that they had been expelled and humiliated before their colleagues, and that the company did not comply with the legal means to terminate their work, despite their commitment and dedication to their jobs, and the hiring of new employees.

The court confirmed the right of the four citizens to receive a warning notice to terminate their services, saying that the company violated the laws and did not notify them of their desire to be dismissed three months ago, according to the contract between the two parties. Therefore, each of them was sentenced to three months' salary, Warning.

It also ruled to grant them the unfair dismissal allowance, because the company did not comply with article 117 of the Federal Labor Law, which stipulates that both the employer and the worker may terminate the contract indefinitely after the other party has been warned, provided that there is a legitimate reason for doing so. The court is competent to determine the seriousness of the justification for dismissal.

The court explained in its terms that the defendant company justified its decision to dismiss the civil servants as being in the process of structuring the work, but did not provide any indication that it had done so, either before or later, and its statements were sent in this regard and provided no legitimate reason for their dismissal. And compensated each of the four citizens with a three-month wage, the maximum amount of compensation that the court may eliminate.

The dismissed citizens demanded an arbitrary dismissal allowance, a warning allowance, an end-of-service indemnity, a two-year leave allowance, psychological compensation, maltreatment, dismissal from the company, compensation for job reputation, commission allowance and experience certificate.

Attorney Ali Khalaf Hussein al-Husani said the four citizens had filed their case at the end of the first half of this year in the labor department of the Abu Dhabi Court of First Instance, demanding compensation for the termination of their employment contract by the defendant company, Without any appreciation from the company for the period of employment of these employees, in addition to the demand for the elimination of their functional entitlements. After several hearings, the court awarded compensation and the payment of their dues, including the provision of expedited access and without bail, as the decision to dismiss them was arbitrary. Al-Husani explained that the termination of the employee's service without giving substantial reasons is an arbitrary chapter that is not approved by the laws and regulations that should be applied to semi-governmental and private companies as applied to government departments and institutions. In addition, The Ministerial Decision No. 212 of 2018 on regulating the work of citizens in the private sector, because the respondent did not comply with the provisions of the decision regarding the submission of an exit interview report to determine the reasons for ending the employment relationship, pointing out that the statement made by the company in its defense focused only on the financial circumstances Yeh claimed by the deteriorating before the Court, without being able to prove that none of the plaintiffs was remiss in the performance of his work, or is committed to working hours, or was weak productivity.

He pointed out that if the company's claim regarding its financial conditions was correct, it would have begun to reduce the number of high-paying foreign employees, but at the time it was ending the service of the civil servants, it was issuing its decisions to upgrade other employees Citizens, increasing their salaries, what made it strange.

The court also ruled against the four citizens in the leave allowance, according to the law, which stipulates that the worker has the right to receive his wages for the days of annual leave that he did not receive if he was dismissed from work or leaving work after the warning period. Thus preventing the entitlement of the staff to the vacation allowance they claim.

As well as the right to receive wages in arrears for the period in which they worked in the company and did not receive a wage, and determined for each of them the amount owed, on the basis that the company did not provide the payment of their dues in that period.

As for the dismissal of civil servants for psychological damage, ill-treatment, dismissal from the company and compensation for their reputations, the court stated that it had effectively sentenced the arbitrator to arbitrary dismissal. In a memorandum submitted to the court on the circumstances of the expulsion of the four citizens, the plaintiff's agent, Ali Khalaf Hussein al-Husani, said that the decision to terminate the contract entailed the principle of injustice to citizens' rights. The company's management requested them to leave the company the day after the decision was issued, , In a humiliating and unacceptable manner. The court ruled that the law allows the termination of indefinite employment contracts at the will of one of the parties, pointing out that the contracts of the dismissed civil servants fall under this classification, and the court has awarded them compensation for the termination of their services and their return to work. Arbitrary dismissal, and the employer can not be obliged to employ a worker he does not wish. The court also rejected the four employees' request for end of service benefits because, according to Abu Dhabi Civil Remuneration and Pensions Law, citizens who are subject to their labor law do not receive end of service benefits because they benefit from the Pensions and Civil Retirement Benefits Law, Their names in the Abu Dhabi Pension Fund, and may not combine pension and end of service benefits.

Additional tasks

Attorney Ali Khalaf Hussein al-Husani, in his defense of one of the employees who was dismissed, stated that she had worked for that company for five years and had not been charged with one offense or even drew attention, although she was charged with additional duties throughout this period , But did not ask for an increase in her monthly salary, which was much lower than the salaries of other colleagues, who have fewer qualifications, and remained in the hope of promotion, in light of the improvement of the conditions of other employees of the company, and increase their monthly salaries, End by separating them in a humiliating manner, without a legal warning.

- The court ruled against the right of citizens to receive leave and receive wages in arrears for the period in which they worked.

Attorney Ali Al-Hosani:

"ending service

Employee without

Give substantial reasons

It is an arbitrary chapter

Approved by laws

And regulations.

- The citizens asserted in their call that the company does not comply with the legal means to terminate their work.