DCC 295/2009

This dispute involved the reinstatement of an employee who had been dismissed for excessive sick leave. A key issue was whether the court was required to consider reinstatement to the previous grade when the employee had also been demoted.

Background

The Attorney General of Dubai, in his capacity as the representative of the General Command of Dubai Police, filed suit No. 922/ 2008, demanding the cancellation of the decision issued by the Defendant and the unfair dismissal and to bear all the consequences of it.

The Respondent (Plaintiff in first instance) had worked for the Appellant since 1-6-2002 as Deputy Director of the Department, and on 5-9-2005 was surprised by the issuance of a decision to change his status to a lesser degree with the job title of Assistant of Public Relations without any disciplinary violation.

In view of his health condition, he submitted a request to resign.

However, on 28-11-2007 he received a phone message from the Director of Administrative Affairs in the General Administration of Community Service of the Defendant that a decision was issued to dismiss him from work due to his extensive sick leave.