Pregnant employee in UAE fired after filing complaint: Can she claim compensation for dismissal?

Question: I worked as an employee for three years. The company’s attitude towards me changed from the date they learned I was pregnant, with emails being sent to me questioning my performance and accomplishments and stating that I was taking sick leave due to my pregnancy. I filed a complaint against the company for such behaviour, but the company terminated me after this complaint, citing lack of performance. My question is: do I deserve compensation for arbitrary dismissal? Please advise.

Answer: According to Article 47 of the Labour Law, the termination of a worker’s service by the employer is considered unlawful if it is due to the worker filing a serious complaint to the Ministry or filing a lawsuit against the employer, provided the validity of such complaint or lawsuit is proven.

In general, filing a labour complaint with the Ministry of Human Resources and Emiratisation is not, by itself, considered by the court as a reason for unlawful termination, unless it is clearly and evidently proven through documents. This was established in the court’s ruling No. 33/2024 Labour Cassation on 26/3/2024.

Whoever claims that an unlawful termination has occurred bears the burden of proof. This means you must demonstrate that your termination was not due to lack of performance, but rather as a result of filing a complaint against the company.

Therefore, the court shall have the authority to determine whether the situation constitutes an arbitrary dismissal or not.