# Unfair Dismissal in DIFC???



## MayaMills (Apr 5, 2015)

Hello!

I am trying to help a friend that is in a sticky situation with his employer. He works as a manager in the company in DIFC since 2011; around two months ago he was told by his big boss to start looking for a job as the company has no place for him anymore; he has documentation of all job appraisals and he has been praised in all. 

A few days ago he was verbally given his last day at work, and that he will be paid one month in lieu and all his end-of-year gratuity; which is great but... WHY? Why is the reason he is being dismissed??

He was not given a reason as to why the company does not want him there anymore... everything has been verbally communicated, nothing written. Is this legal??

I think the company is playing on him as he is a Indian national and all bosses are Westerns (but that is my opinion only... I do not think it would stand a case of discrimination). 

I am trying to find out in DIFC laws but cannot find anything (maybe laws on unfair dismissal does not exist at all in DIFC???)

Any help would be greatly appreciated. 

Thank you.


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## twowheelsgood (Feb 21, 2013)

Hire and Fire here is all there is - termination for convenience subject to payment of salary during the notice period. The company should however have to give him notice in writing - he can play it two ways - deny he was ever told, or ask for it in writing and state that no writing, no notice.

This isn't Europe. This is Dubai.


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## The Rascal (Aug 6, 2014)

twowheelsgood said:


> Hire and Fire here is all there is - termination for convenience subject to payment of salary during the notice period. The company should however have to give him notice in writing - he can play it two ways - deny he was ever told, or ask for it in writing and state that no writing, no notice.
> 
> This isn't Europe. This is Dubai.


I concur, a spoken termination isn't worth the paper it's written on. It couls also come back and bite his backside, why isn't the guy at work today? We'll sack him for gross misconduct.

Get EVERYTHING in writing (not email, stamped by employer too) and refuse nothing less.


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## BedouGirl (Sep 15, 2011)

In the Labor Law, which I know is not DIFC, there's a rule that you can get rid of anyone as long as you pay them off but it's more than a month's salary. If I'm not mistaken, there's some sort of advisory body in DIFC that gives free advice to people sponsored there who are having employment issues. I think there's a court there or something like that. Why not give them a call and see what you can find out?


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## TallyHo (Aug 21, 2011)

The thing about relying on stories from friends is that they can often be selective in what they tell you.

Nonetheless, according to you, " the company has no place for him anymore." That is the only reason the company needs to terminate his employment. He no longer fits their requirements. It doesn't mean he wasn't a good employee but that the company's priorities have changed and the role is no longer needed. 

Companies are not charities. Especially in this part of the world. If he has issues he can speak with the DIFC authorities but DIFC will not prevent his termination. They will only determine if the termination process is being correctly handled and that the final gratuities owed are in accordance with labour policies and his contract. Depending on how he was hired he may be owed up to three month's salary in additionto his EOS. 



MayaMills said:


> Hello!
> 
> I am trying to help a friend that is in a sticky situation with his employer. He works as a manager in the company in DIFC since 2011; around two months ago he was told by his big boss to start looking for a job as the company has no place for him anymore; he has documentation of all job appraisals and he has been praised in all.
> 
> ...


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## jcbf (Jan 15, 2015)

Hi,

Have your friend go over this:
NO CONCEPT OF UNFAIR DISMISSAL IN THE DIFC - Al Tamimi & Company

I pray everything works out.


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