Employer ordered to pay AED 184,405 after invalid probation extension

Agam (our client, Plaintiff) vs. Connect Resources (Defendant)

Outcome

The Court ordered the employer to pay a total of AED 184,405, plus 5% annual interest and benefits, after ruling that a retroactive extension of the probation period was legally invalid.

Granted to our client

Rejected

Full legal breakdown

The specific UAE articles the court relied on, and how each one applied to this case.

Article 9(1) — Probation Period Limits

Sets a strict legal ceiling of six months for probation, with a minimum 14 days' written notice to terminate during this phase.

Application:

The employer's attempt to retroactively extend an already-expired 3-month probation to 6 months via addendum was declared invalid.

Article 43 — Notice Period Continuance & Notice Pay

An active employment relationship, and accruing service, remains legally intact throughout the entire notice period. Ending it instantly without serving notice requires paying "Notice Pay" equal to gross salary for that period.

Application:

Since the employee was dismissed instantly after a valid probation had ended, he was entitled to his full 60-day notice pay.

Article 1 — Enforceability of Discretionary Pay

Salary includes allowances, commissions, and bonuses only if explicitly codified in writing — these are not automatic rights.

Application:

The accrued bonus was granted because the employer's own settlement paperwork listed it as an outstanding, unrestricted amount.

Article 47 — Unlawful/Arbitrary Dismissal

Narrowly defines arbitrary dismissal as retaliation for filing a MOHRE complaint or lawsuit — standard terminations within a legal probation window do not qualify.

Application:

Application: Since no retaliatory motive was proven, the AED 150,000 arbitrary dismissal claim was rejected.

Article 13(12) — Repatriation Obligations

Employers must cover the worker's return travel to their recruitment origin, unless the worker joins a new employer in-state or termination was the worker's own fault.

Application:

Since neither exception applied, the repatriation ticket was granted.

This summary reflects the outcome of this specific matter based on its particular facts and evidence. It does not constitute legal advice and does not guarantee a similar outcome in any other case.

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