UAE: Can you claim notice pay if fired after workplace fight?

Question: I've worked for a private company in the UAE since 2007. Two months ago, the company fired me after I got into a fight with a colleague and hit him. The company gave me my dues except for the three-month notice period agreed upon in our contract, claiming that my termination was legal and that I wasn't entitled to the notice.

My question: Is the company right? What action should be taken in this situation? Please advise.

Answer: In accordance with the provisions of Article 44 of Federal Decree-Law No. 33 of 2021, the employer may dismiss the worker without notice after conducting a written investigation with him and the dismissal decision shall be in writing and justified and the employer or its representative shall hand it over to the worker in any of the following cases: 7) The worker assaults during work, the employer, manager in charge, one of his superiors or colleagues at work, by word, action or any form of assault that is punishable under the legislation in force in the State.

The employer has the right to dismiss the worker without notice if it is proven that any of the cases mentioned in Article 44 are present, provided that a written investigation is conducted with the worker.

Also, the dismissal decision must be in writing and justified and delivered by the employer or his representative to the worker. However, if these conditions are not met, there is no reason to deprive the worker of notice allowance.

So, if the company did not conduct a written investigation with you regarding the matter and did not follow the procedures stated above regarding the dismissal decision, then you have the right to take the notice allowance and to file a case regarding it. Otherwise, you will not be eligible for the three months’ notice allowance.