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Arbitrary dismissal claim for termination due to restructuring

Good day,

I have a question about my contract being terminated in the UAE.

I was verbally informed of my contract being ended due to redundancy on 6th October with no requirement to work the notice period. There is a 2-month notice period in the employment contract.

The written notification was only provided on 4th December. Company is refusing to pay gratuity and vacation during notice period with all calculations only being until 6th October.

Is this calculation correct? How does the lack of written notification affect this as I would think the notice period should commence when that is received?

Secondly, in the redundancy letter which was titled “Notice of redundancy,” it was called a “necessary restructure”.

I have since found out that somebody else has been brought into my position but the job title has been changed.

All reporting lines and work responsibilities seem to remain the same based on what I have heard from former colleagues.

Would this fall under an arbitrary dismissal?

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Maryam Hayyaz & Wejdan Bushahab Advocates
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16 Dec 2019, 08:26

Dear questioner,

This situation definitely falls under arbitrary dismissal.

Kindly contact us on the phone for a detailed discussion or write to us at our email for further assistance.

16 Dec 2019, 08:30

Many thanks for the very quick response.

I am not surprised about this, but are you able to also advise on the other questions?

Maha Bin Hendi Law Firm
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16 Dec 2019, 08:42

Hello.

You may argue the termination as arbitrary, as well as notice period, should have been observed.

The employee is eligible for EOSB if completed 1 full year of employment. You may file a complaint regarding the overall matter.

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