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Terminating an employee due to a conversation illegally recorded

Dear sir/madam,

I was working with a free zone company in Dubai and they terminated me based on an illegal record submitted by a customer within an hour by giving me one month's notice.

However, when I informed them that my contract states that termination is not before less than 3 months' notice, HR started threatening me with confidentiality and article 120, etc.

I need help to get my money because HR initially didn't see my contract and later when they checked after my email, they are trying to save their bosses money.

If I go with a case, can they add more accusations based on their claim? Or will the case be based on the termination letter which was handed out without any warning ever?

Please guide!

Thanks,

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Laila Hamza Al Mulla Advocates and Legal Consultants
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28 Nov 2022, 07:07

Dear questioner,

The worker can submit a complaint to the Ministry of Labor over the phone or on the website.

All entitlements must be accounted for (overdue salaries, vacations, end-of-service benefits, airline tickets for him and his family, compensation for unfair dismissal, and any other entitlements according to the contract).

The matter is presented for settlement before the employee of the ministry, and if the solution is not resolved, the file is referred to the court, and a session is set for its consideration before the judge.

After the ruling, an implementation file is opened to collect the amount.

There are many actions that can be taken against the company to enforce the judgment.

But in your case, unfortunately, the company can file a lawsuit against you for violating the principle of confidentiality, but if you are sure that you did not make a mistake and their words are slander, hold on to your right and file a lawsuit.

28 Nov 2022, 07:07

Therefore, you are the one who decides whether the case is rewarding for you or not.

28 Nov 2022, 07:24

I agree that it's difficult for me to remind all words used in one year of recorded conversation by students without any consent and they may result in a loss for me.

However, will HR and authorities overlook the termination letter which does not quote misconduct, and have agreed to pay one month's salary without seeing my contract which states 3 months?

Upon clarification, they have written an email with a threat to add more articles.

Can't everyone see they are just hiding their ignorance?

28 Nov 2022, 07:55

If they had any legal reason, they would mention it publicly and would not pay for the notice, they would dismiss immediately, and they could have filed a lawsuit against you, so you can claim 3 months’ salary for the notice period according to your contract.

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