In response to an inquiry about the possibility of using documented positive work performance reviews to prove arbitrary dismissal, it is assumed that the employee is employed on the mainland of Dubai, thus applying the provisions of UAE labor legislation.
According to Article 42(3) of Federal Decree-Law No. (33) of 2021 on the Regulation of Labor Relations (the so-called 'Labor Law'), termination at the initiative of either party is possible provided that the legal requirements for termination and the agreed notice period are met.
This law states: 'Upon request from one of the parties, provided that the provisions of this Decree regarding the termination of the employment contract and the agreed notice period in the contract are observed.'
The employer has the right to terminate the employment contract with an employee by notifying them according to the notice period specified in the employment contract. This corresponds to Article 43 (1) of the Labor Law, which stipulates that 'Either party to the employment contract may terminate the contract for a legitimate reason by notifying the other party in writing. The employee must perform their duties during the notice period agreed upon in the contract, provided that the notice period is not less than 30 (thirty) days and not more than 90 (ninety) days.'
However, the employer cannot dismiss an employee without a valid reason. If the dismissal occurs without legal grounds, it may be considered arbitrary dismissal. This is stipulated in Article 47 of the Labor Law, which states: '1. The termination of an employee by their employer shall be arbitrary if the employee files a serious complaint with the Ministry or files a lawsuit that is found to be justified against the employer.'
If the dismissal is deemed arbitrary, the employer must pay the employee fair compensation, the amount of which is determined by the competent court. This amount is calculated based on the type of work, the extent of damage suffered by the employee, and the duration of their service. Furthermore, the compensation must not exceed three months' salary of the employee, calculated based on the last received salary.
Moreover, the provisions of paragraph (2) do not diminish the employee's right to receive payment in lieu of notice and end-of-service benefits provided by this legislation.
Documented positive work performance reviews from the employer may be relevant when challenging the reasons for dismissal stated by the employer, especially if the allegations concern poor performance. Their evidentiary value depends on the content of these reviews and their consistency with other records of employment activity. Consequently, they can be considered together with the termination letter, correspondence, and any relevant complaints or legal proceedings when assessing the circumstances of the dismissal.
Thus, if an employee believes they have been dismissed without legal grounds, they can file a complaint with the Ministry of Human Resources and Emiratisation (MOHRE) demanding compensation for arbitrary dismissal, as well as for other termination payments. Based on this complaint, MOHRE may attempt to settle the dispute between the parties amicably. If an amicable agreement with the employer is not reached through MOHRE, the employee may file a labor lawsuit against the employer in a court with jurisdiction in the Emirate of Dubai.