Case Law Update
There is no case law to report from the courts here in the UAE. However, an important decision was made in First Group PLC v Paulley, which reached the Supreme Court for England and Wales.
The case involved a wheelchair user wishing to board a bus where the designated wheelchair space was occupied by a non-disabled passenger. The Supreme Court decided that it was not sufficient for the bus driver simply to request the non-disabled passenger to move and allow the wheelchair user to board.
It was held that the driver should have done more than simply make a request. The duty to make reasonable adjustments indicated a policy of “require and pressurise”.
The decision highlights the importance of employers and service providers understanding their obligations to make reasonable adjustments and to take appropriate steps to accommodate individuals where required by law.
Legislation and Practice
Sheikh Mansour bin Zayed, Deputy Prime Minister and Chairman of the Abu Dhabi Judicial Department, announced that a court dedicated to expatriates and non-Muslims would hear cases such as inheritance, divorce and custody based on the laws of the claimants’ own countries. This was intended to make proceedings quicker and clearer for those involved.
Following the decision by the US President to restrict entry into the US for nationals of seven Muslim-majority countries, the UAE Embassy in Washington confirmed that Emiratis would not be affected by the travel restrictions.
Recent Employment Law Work
Our employment law team has recently assisted businesses and individuals with a range of employment matters, including:
- Acting on behalf of an employer in the Labour Court, defending a claim for gratuity, commissions and outstanding holiday pay;
- Negotiating terms of settlement for a senior executive;
- Drafting termination letters for employees following a company restructuring;
- Reviewing staff handbooks and policies and procedures;
- Reviewing employment contracts;
- Drafting settlement agreements for employees of onshore companies;
- Advising a senior manager on their termination rights pursuant to UAE Labour Laws; and
- Advising a corporate client on the UAE disciplinary process when dealing with employee performance issues.
Employment disputes can often be resolved more efficiently where the parties obtain legal advice at an early stage. Whether you are negotiating a settlement agreement, dealing with an employee termination, facing a Labour Court claim or reviewing your company’s employment policies, obtaining appropriate advice can help reduce potential risks and ensure that the relevant UAE employment law requirements are considered.
Employment Law Advice in Dubai
As one of the top law firms in Dubai, James Berry & Associates has qualified and experienced lawyers in Dubai, providing employment law advice to businesses and individuals for over 25 years.
Our team can assist with UAE employment law, employment contracts, termination, settlement agreements, employee disputes, disciplinary procedures and Labour Court claims.
If you require advice on an employment matter or are negotiating terms of settlement, please contact James Berry & Associates to discuss your circumstances and the legal options available to you.
