Top UAE court overturns woman’s medical retirement ruling

Abu Dhabi: The Federal Supreme Court has overturned a lower court ruling that upheld the medical retirement of a government employee shortly before her death, determining instead that her service should be deemed to have ended on the date of her death.

In its judgment, the court annulled an administrative decision that had referred the employee to retirement on medical grounds approximately four months before she died, ruling that the decision was not supported by the legally required medical procedures.

The case, according to Emarat Al Youm, was brought by the heirs of the deceased employee, who died in January 2024, against her employer. The heirs argued that their relative had been unlawfully retired in October 2023 on the grounds of medical unfitness, without a valid recommendation from a competent medical committee, in contravention of federal law.

They asked the court to compel the employer to produce the medical committee’s report on her health condition, clarify whether her illness fell within categories that prevent the performance of official duties, and determine whether the committee had recommended extending her sick leave or terminating her service. 

They also sought the annulment of the retirement decision and requested that the termination of service be recognised as having occurred upon her death.

A court of first instance rejected the claim; a ruling later upheld on appeal. The heirs then challenged the judgment before the Federal Supreme Court, arguing that the lower courts had erred in applying the law by validating a decision to terminate employment without an approved medical committee report confirming medical unfitness.

In its reasoning, the Federal Supreme Court outlined the regulatory framework governing sick leave and termination for health reasons in the federal government. It noted that short-term sick leave may be granted on the basis of an approved medical report, but that longer or extended absences, as well as decisions relating to medical unfitness, require formal assessment and recommendation by a medical committee.

The court explained that where an employee’s illness extends beyond six months, the medical committee must decide either to extend sick leave for a further period or recommend termination of service on medical grounds.

In certain cases, such as chronic illnesses or work-related conditions, the employee is entitled to receive their full salary throughout the sick leave period, subject to regulations set out in the executive bylaws.

Crucially, the court found that the decision issued by the employer’s board to retire the employee for medical unfitness relied on a recommendation submitted under the heading of “review of health status for retirement”. 

The recommendation included the word “eligible”, which, the court said, did not in itself establish medical unfitness to perform job duties.

As a result, the court concluded that the retirement decision lacked a lawful basis and was therefore invalid. It ruled that the appellate judgment, which had upheld the initial dismissal of the claim, was legally flawed and must be set aside.

Invoking its authority under Article 186 of the Civil Procedures Law, the Federal Supreme Court proceeded to rule on the merits of the case. It annulled the employer’s decision to terminate the employee’s service on medical grounds and ordered that her service be considered terminated due to death, effective from the date of her passing.