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19 March 2024

Employee can be sacked for misusing position

Published
By Mohammed El Sadafy

The Dubai Court of Cassation has upheld the decision of a government department to terminate the services of an employee.

The decision to terminate the employee was taken after subjecting him to an internal investigation, which confirmed that he had violated the law and exploited his position to subcontract department work to a private company which is partly owned by him.

The court based its verdict on Article 77 of the Personnel Affairs Act of Dubai of 1992, which stipulates that it is not permissible for an employee to exploit his position and benefit from it.

The Court also relied on the text of Rule 79, which provides that the employee who is violating the rules of the Personnel Affairs Act, or the requirements of his job, can be punished with disciplinary action and even a criminal suit.

The court also based its judgment on the text of Article 80 of the Personnel Affairs Act which explains penalties that may be imposed on the offending employee.

These penalties include a warning and deduction of basic salary till a maximum of 25 per cent; deprivation of increment; removal from service with a right to pension or gratuity.

The court based its verdict on the text of Article 83, which provides that no penalty be imposed on the employee after the internal investigation, giving him full opportunity to state his case.

According to the details of the case a public official of a government department filed a lawsuit against the department after the department ended his services.

He said in his suit that he was fulfilling all his duties till the department accused him of exploiting his post and entrusting some subcontracting work to a private company, of which he is a partner.

The employee based his case on the argument that terminating his service was inconsistent with the text of Article 82 of the Personnel Affairs Act.

He argued that according to Article 82, the head of the department only has the right to warn the employee about exploiting his position.

The Court of First Instance dismissed the case.

The employee challenged the ruling before the appellate court, which upheld the judgement.

The employee then moved the apex court, which upheld the verdicts of the lower courts.

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