أسئلة وأجوبة
Arbitrary termination and rights of the employee
1) Since the company is a semi-government entity based in Abu Dhabi, can I challenge the unfair spot termination decision and get 3 months salary (per month salary was AED 7000) and other benefits?
2) Can I claim all my living costs (house rent, bills, car rental, food, telephone, travel/ fuel etc) after notice period finished date i.e. 26 April 2017 as per termination letter (21 days till 17 May 2017 and could end up more weeks)?
3) The termination letter was handed over on 29 March 2017 and last working day was same day but as per termination letter my last working day would be considered as 26 April (that is a difference of 3 days unpaid?)
4) As per my clear instructions to my team to report all necessary matters but in this case, everyone failed to report me and even many Rental Agents kept on renting this vehicle with a low tire pressure sign on the dashboard.
5) Shall I approach the labour court in Abu Dhabi or civil court considering my visa from immigration?
1- The employee can challenge the termination of his/her employment no matter what structure the company, as long as the contract is subject to the protection of the articles of the labour law.
However, the employee has to provide the evidence that the termination was to be considered arbitrary and its reasons are not related to his/her work.
2- The Employee is able to claim whatever liquidated damages, compensation amounts, in addition to all the legal rights once the fact of the arbitrary dismissal is accepted by the court. It is up to the judge's discretionary powers to accept or reject such claims of compensation.
3- The Employee is eligible for a 30 days notice pay. So, any less paid days are to be claimed. However, after reviewing the dates you sent it seems that your employer counted 29 days instead of 30. You can claim one extra day.
4- I do not understand the relevance of this point in your inquiry.
5- You can use your labour contract to approach the labour courts.
Regards,
Ahmed Elnaggar
