UAE: Can You Claim Notice Pay After Being Terminated for Workplace Altercation?
DUBAI: A recent inquiry has raised important questions regarding the entitlement to notice pay following termination due to workplace altercations.
A worker, employed in the UAE since 2007, was dismissed after a physical fight with a colleague. Although the company settled his dues, they withheld the three-month notice pay, claiming the termination was justified.
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According to Article 44 of Federal Decree-Law No. 33 of 2021, employers can terminate a worker without notice following a written investigation if the worker is found to have committed certain offenses, including physical assault against colleagues or superiors.
The law stipulates that the dismissal decision must be documented and provided in writing to the employee.
Legal experts advise that if the employer failed to conduct a proper written investigation and did not adhere to the necessary procedures, the worker may still be entitled to the notice pay. In such cases, the affected employee has the right to pursue the notice allowance through legal channels.
This situation highlights the importance of following due process in employment terminations, especially in instances involving serious allegations such as workplace violence.
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