I have been working in a company for more than three years. A month ago, my manager accused me of leaking work secrets to a competitor. He claimed to have filed a complaint with police and submitted an email allegedly sent from my laptop to a competitor as evidence. He asked me to submit my resignation, or else the company would terminate my services under Article 120 of UAE’S Labour Law. I also stand to lose my end-of-service gratuity. The accusations against me are false and I feel the management wants to terminate my services without paying my end-of-service dues and commission. I’m under great pressure since I have to pay off a bank loan and my apartment rent.

 

I advise the questioner not to submit his resignation as this would affect his end-of-service gratuity and legal position in the matter. The questioner should send an email to the company manager rejecting the allegation.

 

Arbitrary dismissal

I am a woman living in Dubai. I have been working as principal in a private school for more than two years. A month ago, I received a letter from the school-owner asking me to work as a teacher. He claimed that my performance as principal for two years was not satisfactory. I refused to work as a teacher and told him that I would continue to work as the principal as per my employment contract and offer letter. The school, however, said that if I refuse to cooperate, I might be dismissed with immediate effect. I submitted my resignation. Is the school-owner acting in accordance with the labour law? What is the position of the labour law in my case? Should I file a complaint against the school?

 

As per the Dubai Supreme Court, downgrading an employee is considered arbitrary dismissal because the employer is violating the labour contract, which clearly states the job that the employee was hired to do. Secondly, both parties sign that agreement. The questioner’s resignation in this case is an expression of her disagreement to such a downgrade. The employer, by doing so, is in breach of his obligations towards the employee, which entitles the employee to resign, but retain her rights to obtain all dues along with compensation for arbitrary dismissal. I would advise the questioner to file a labour complaint against the school if she failed to reach an amicable settlement.

 

Questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.