Positive performance reviews may help prove unfair dismissal in Dubai

A reader of Khaleej Times asked whether strong performance evaluations kept on file could serve as proof that a dismissal in Dubai was without justification. The query was published on 18 October 2026 at 9:27 AM.

Legal framework for termination

The response clarifies that the situation falls under the UAE’s employment legislation because the worker is presumed to be employed by a company on the Dubai mainland. The governing statute is Federal Decree‑Law No. (33) of 2021 on the Regulation of Labour Relations.

Article 42(3) of that law permits either party to end the contract when the statutory termination rules and the agreed notice period are respected. The exact wording is: “At the request of one of the parties, provided that the provisions of this Decree by law regarding the termination of the employment contract and the warning period agreed upon in the contract are abided by.”

Further, Article 43(1) states that a contract may be terminated for good cause by written notice, during which the employee must continue working. The notice period must be no fewer than thirty days and no more than ninety days. The article reads: “Either party to an employment contract may terminate the contract for good cause by giving the other a notice in writing. The employee shall perform his duties during the notice period agreed upon in the contract, provided that the notice period is not less than 30 (thirty) days and not in excess of 90 (ninety) days.”

The law also bars dismissal without a legitimate reason. Article 47 defines arbitrary termination and sets out compensation. Paragraph 1 says: “1.A dismissal of an employee by his employer shall be arbitrary if the employee submits a serious complaint to the Ministry or files an action proven to be valid against the employer.” Paragraph 2 adds: “2. The employer shall pay the employee a fair compensation estimated by the competent court, if it is found that the dismissal is arbitrary pursuant to paragraph (1) above.” Paragraph 3 notes: “3. The provisions of paragraph (2) above shall not prejudice the right of employee to the pay in lieu of notice and severance pay due to him under the provisions hereof.” The compensation amount is based on the nature of the work, the damage suffered and the length of service, but it may not exceed **(3) three month’s salary** calculated from the employee’s last wage.

Using appraisal records as evidence

Consequently, the positive appraisal documents supplied by the employer can be relevant when contesting the employer’s stated grounds for dismissal, especially to rebut allegations of inadequate performance. Their usefulness hinges on what they contain and how they align with other employment records; they are to be weighed together with the termination letter, any correspondence and any complaint or legal proceedings when assessing the circumstances of the end of service.

Steps to challenge an arbitrary dismissal

If the worker believes the termination lacked a valid reason, a complaint may be lodged with the Ministry of Human Resources & Emiratisation (MOHRE) seeking redress for arbitrary dismissal along with any end‑of‑service benefits. MOHRE will first try to mediate a settlement; should that fail, the employee may bring a case before the Dubai court that has jurisdiction.

The applicable legislation is Federal Decree‑Law No. 33 of 2021 on the Regulation of Employment Relations. The advice was provided by Ashish Mehta, founder and managing partner of Ashish Mehta & Associates, who is qualified to practise law in Dubai, the United Kingdom and India. Further information about his firm is available at www.amalawyers.com. Readers can email questions to [email protected] or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.

Disclaimer: The information supplied is for general guidance only and does not constitute legal advice; readers should obtain formal counsel from a qualified attorney.