The court ordered her to compensate him 210.6 thousand dirhams

Compensation for a professor who was arbitrarily dismissed by a private university

The Ras Al Khaimah Civil Civil Court ordered a private university to pay a professor (an Arab national) 210,667 dirhams, in compensation for the damages he sustained as a result of unfair dismissal from his work, and in return for the end of service, and obligated it to hand him an experience certificate for the duration of his work, expenses and attorney fees.

In detail, the plaintiff filed a lawsuit in which he stated that the defendant had contracted with him to work as an associate professor for a period of three years, and due to his efficiency, his work contract was renewed with another four-year contract that ends in July 2025, but he was surprised last February by a letter from the Human Resources Department stating that he had been terminated. The work contract and a six-month grace period, without giving any reasons for terminating his work contract.

He explained that he submitted a grievance to the president of the university, and it was rejected, noting that the work contract between them requires a reason for the termination of the work contract, but the defendant violated the terms, and rescinded the contract without reason, which made him file a lawsuit to demand that she pay him compensation for what he was entitled to From material and moral damages as a result of his dismissal from his job without a legal justification, as he was deprived of his only source of livelihood and the opportunity to obtain another work was lost and he was deprived of his agreed salary, and incurred expenses and residence fees, in addition to his being exposed to moral damage represented in his grief.

The defendant's attorney indicated that there was a recommendation to terminate the plaintiff's work contract from the dean of the university, and demanded that the lawsuit be dismissed.

In the merits of a total civil court ruling, it is stated that the decision is that the remuneration for work, as long as it has been submitted for its performance and the employer has prevented it, whether the impediment is material or legal, is equal to the fact that the relationship is organizational or contractual.

She explained that it is established in the papers that the work contract has been terminated before its entry into force, and its terms do not work, even if the defendant terminates the plaintiff’s work, as the criterion of the worker’s entitlement to wages in the event of his willingness to do the work and preventing it by the employer is that the work relationship still exists between them, But if the relationship ends, the worker is not entitled to wages, but is entitled to claim compensation for the termination of his services, if this termination was arbitrary on the part of the employer.

She added that what the defendant had done was an arbitrary dismissal, for which the plaintiff deserved compensation for the damage he had incurred, represented in the loss of his source of livelihood from which he was living, as one of the cases of arbitrary dismissal was achieved, and the plaintiff deserves compensation by taking into account the remaining period of the work contract for a period of three months. The court estimates it at 76,500 dirhams, which the defendant is obliged to pay, on the basis that the monthly salary was 25,000 dirhams.

She indicated that with regard to the plaintiff's claim regarding obligating the defendant to pay the remaining months of the first contract warning period, the second contract warning salary, the end of the service reward for his period of work, a one-way ticket, residency cancellation and compensation for unfair dismissal, it requires the defendant to pay the plaintiff 134,000 and 167 dirhams, and obligating it to cancel the residence of the plaintiff and hand him an experience certificate for the period of his work, and obligated her to pay expenses and attorney fees, and refused other requests.

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