Wrongful Termination & Unfair Dismissal Lawyer in Dubai
Speak With a Wrongful Termination Lawyer in Dubai
If you have been dismissed, received a termination notice, or are concerned about unpaid employment dues, arrange a confidential consultation to understand your legal position.
Contact UsBeing fired from a job can be stressful, especially when you do not understand why your employer ended your employment or what you are owed.
A dismissal may raise legal issues if there is a dispute over the reason for termination, notice pay, salary, end-of-service benefits, or the way the employer handled the dismissal.
At Alaa ElHoushy Legal Consultancy, we provide legal consultation on employment disputes in Dubai and across the UAE. We review the facts of your case, your employment contract, termination letter, salary records, and other documents before explaining your legal position and the options available to you.
What Is Wrongful or Arbitrary Dismissal in the UAE?
Not every dismissal that feels unfair is legally an unlawful termination.
Under UAE Labour Law, either the employer or employee can end an employment contract for a legitimate reason, subject to the legal requirements and the notice period. The usual notice period must be between 30 and 90 days. If the required notice is not given, the party ending the contract may have to pay compensation for the notice period or the remaining part of it.
There are also situations where an employer can terminate an employee without notice, but the law sets out specific grounds and procedures for this. This is why the facts behind the dismissal matter.
When Can a Wrongful Dismissal Claim Arise?
A wrongful dismissal dispute may arise when an employee believes the employer did not follow the law or the employment contract.
For example, you may need a labour lawyer’s legal advice if:
- You were fired after making a serious complaint to MOHRE.
- You were dismissed after bringing a valid case against your employer.
- You were given no notice when notice was required.
- Your employer did not pay your notice period dues.
- Your salary was not fully paid before or after termination.
- Your end-of-service benefits were not paid.
- You were dismissed based on allegations you believe are not supported by the facts.
- Your employer did not follow the required disciplinary process.
- You were suddenly dismissed and were not told what would happen to your outstanding employment dues.
The exact position depends on why you were dismissed and what happened before the termination.
What Does UAE Labour Law Say About Unlawful Firing?
Article 47 of the UAE Labour Law deals with a specific form of unlawful termination.
If an employer terminates a worker because the worker filed a serious complaint with MOHRE or filed a lawsuit against the employer, and that complaint or lawsuit is proven valid, the termination may be considered unlawful.
If the court finds that the termination was unlawful under Article 47, it may award compensation. The amount depends on matters such as the type of work, the damage suffered, and the employee's length of service. The compensation cannot exceed three months' wages, based on the employee's last wage. This does not remove the employee's right to claim notice pay, gratuity, or other amounts that are legally due.
So, if you were fired soon after making a labour complaint or taking legal action, the timing and documents surrounding the dismissal can be important.
Termination Without Notice: When Is It Allowed?
An employer cannot simply ignore the notice rules whenever it wants to end an employee's contract.
Under Article 43, the normal notice period is between 30 and 90 days. If a party does not follow the agreed notice period, notice pay may be due.
However, under Article 44, UAE Labour Law allows an employer to terminate an employee without notice in certain circumstances.
These include specific cases involving serious misconduct, assault, serious absence, misuse of position, or other grounds set out in the law. In such cases, the employer must also follow the required procedure, including a written investigation and a written, justified dismissal decision where required.
This means that a termination without notice is not automatically wrongful. The reason for the dismissal and the steps taken by the employer need to be looked at.
What If You Were Fired From Your Job Suddenly?
Don’t panic if you have been suddenly dismissed from your job. Start by checking your termination letter, employment contract, notice period, final salary, and end-of-service benefits. Keep copies of your contract, termination letter, salary records, emails, messages, and any other communication with your employer.
If you are unsure whether the correct amounts have been paid or whether the termination followed the proper process, get legal advice before signing a final settlement. If you believe the dismissal was unfair, collect the relevant documents and seek legal help to understand your options.
Can You Claim Money After Wrongful Termination?
Depending on the circumstances, an employee may have a claim for unpaid employment dues.
These are separate issues. For example, an employee may be owed notice pay even where the dismissal itself does not amount to unlawful termination. The amount you can claim depends on your contract, salary, length of service, reason for termination, and the documents available.
Can You Sue for Wrongful Termination in Dubai?
If you are considering suing for wrongful termination, it is important to understand the labour dispute process first.
Employment disputes in the UAE are generally raised with MOHRE , which examines the complaint and attempts to resolve the matter. If the dispute cannot be settled, it may be referred to the competent court.
MOHRE also provides channels for workers and employers to register labour complaints where there has been a breach of legal or contractual obligations.
Before taking legal action, it is useful to establish:
- Why the employment was terminated
- Whether notice was given
- What amount remains unpaid
- Whether the termination followed a labour complaint or legal claim
- Whether the employer followed the required procedure
- What evidence is available
A legal review at this stage can help you decide whether pursuing the matter is worthwhile.
What Evidence Do You Need for a Wrongful Termination Claim?
If you believe you have been unfairly dismissed, keep copies of documents connected with your employment.
Useful records may include:
The more complete the record, the easier it is to understand what happened and assess your legal position.
How Alaa ElHoushy Legal Consultancy Can Help
At Alaa ElHoushy Legal Consultancy, we provide confidential legal consultation for employees and employers involved in termination and employment disputes.
Our consultation can include:
Talk to Us About Your Termination
Alaa ElHoushy Legal Consultancy provides confidential legal consultation on unfair dismissal, wrongful dismissal, unlawful firing, unjustified termination, termination without notice, and other employment disputes in Dubai and across the UAE. Discuss your situation with our team to understand your legal position and the options available to you.
Contact UsFAQs
What happens to my visa if I'm terminated?
Your residency visa is generally tied to your employment, so termination can affect your visa status. A grace period may be given to allow you to find new employment or leave the UAE, depending on your circumstances and the applicable immigration rules.
Can my employer fire me while I'm pregnant?
No. Article 30(8) of UAE Labour Law prohibits terminating an employee because of pregnancy or maternity leave. A dismissal connected to this may be considered unlawful and could entitle the employee to compensation.
How long does a MOHRE complaint usually take to resolve?
Timelines vary by case, but MOHRE typically attempts resolution through its own process first before referring unresolved matters to court.
Can I be fired during my probation period in the UAE?
Yes, but your employer still needs to give you at least 14 days' written notice under Article 9 of the Labour Law.
*The information provided on this page is for general informational purposes only and does not constitute legal advice, legal representation, or the creation of a lawyer-client relationship. Legal advice can only be provided after a formal consultation, review of the relevant documents, and assessment of the specific facts of the matter. Outcomes may vary depending on the circumstances of each case and the applicable laws and procedures.