Unfair dismissal: Trainers compensated

A Dubai court has asked a fitness training institute to compensate personal trainers who sued the company for unfair dismissal

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Jay Hilotin, Senior Assistant Editor
Atiq-Ur-Rehman/XPRESS
Atiq-Ur-Rehman/XPRESS
Atiq-Ur-Rehman/XPRESS

DUBAI: A Dubai court has asked a fitness training institute to compensate personal trainers who sued the company for unfair dismissal, court records show.

Three fitness trainers hauled the company to court after they were asked to sign a new contract in mid-2011 offering much lower pay.

The three deemed the fresh contract - offered to them in the middle of an existing one - grossly disadvantageous and refused to sign it, which, they claimed, was the cause of their summary dismissal.

Court records show that Presiding Judge Badr Eisa Al Samat, head of a three-man panel, ruled on January 9, 2012 that firing the workers without warning was illegal and that the fitness trainers deserved full compensation following unfair dismissal.

Citing articles of the UAE Labour Law, the ruling stated that each of the parties to the employment contract with an unlimited duration must end their relationship for a valid reason, and that a 30-day notice period must be given by the party ending the contract.

The complainants' lawyer, Hamdan Al Shamsi, said: "The Labour Law does afford sufficient protection for both the workers and employers."

He declined to elaborate.

The fitness trainers said the judge gave them most of what they felt they deserved in terms of financial compensation, which was based on length of work as well as holiday pay and airfare, among others.

Rex Emano, 33, who has worked with the company for over three years, said: "It was not an easy battle for me, but I felt vindicated with this favourable ruling."

As fitness trainers, they used to earn a basic salary as well as commissions. The compensation he received - Dh83,836 - was based on his average earnings months prior to his dismissal.

Donald Escario, 38, said he faced a difficult life after being dismissed from work. "The court ruling shows the labour law here is able to protect an ordinary worker like me. Now, I'm ready to move on."

Escario was awarded Dh69,000. A judge also prescribed compensation for a third complainant to the tune of several thousands. They said, however, that their lawyer believes they should get more.

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