How to complain if firms don’t deliver deals as advertised ASHISH MEHTA

Q:My husband and I bought a travel package for Dh7,000 from a company based in Al Ain. The travel package offered various benefits such as a complimentary Umrah package in December 2019; 15-20 per cent discounts on flight tickets; a one-day staycation in the UAE; 14-day stay around the world; and discounts on meals, to name a few. However, when I tried to avail of the aforesaid benefits, my applications were rejected by the firm. Further, it refused to refund the amount paid for the travel package citing company policy. How can I recover the money that I have paid to the said company?

A:Pursuant to your query, it is presumed that at the time of purchasing the travel package you may have signed an agreement between you and the company or you may have signed the terms and conditions of the travel package wherein the rights and obligations of the parties to the agreement would have been stipulated. Further, it may be noted that the provisions of Federal Law No. (5) of 1985 on Civil Transactions Law of the United Arab Emirates (the ‘Civil Transactions Law’) and Federal Law No. (24) of 2006 on Consumer Protection (‘Consumer Protection Law’) shall be applicable.

As per the provisions of the Consumer Protection Law, a Consumer Protection Department is instituted under the Ministry of Economy, wherein a consumer may file a complaint before the department. This is in accordance with Article 4 (6) of the Consumer Protection Law which states:

“A department shall be set up in the Ministry under the name of The Consumer Protection Department and shall carry out the following competencies:

(6) Receive consumers’ complaints and adopt the procedures in this regard or refer them to the competent authorities. The complaint may be submitted directly by the consumer, and may be submitted by the consumer protection association for it is considered a representative of the complainant.”

Based on the aforementioned provision of the Consumer Protection Law, you may file a complaint against the company with the Consumer Protection Department based in the Abu Dhabi Department of Economic Development Office.

Further, as per the provisions of the Civil Transactions Law, the parties to an agreement have an obligation to each other to perform the contract in a manner which is in consonance with principles of good faith. This is in accordance with Article 246 (1) of the Civil Transactions Law which states:

“The contract shall be implemented, according to the provisions contained therein and in a manner consistent with the requirements of good faith.”

Therefore, it may be construed that the company from which you and your husband purchased the travel package may not be acting in good faith as they have breached their obligations by rejecting your applications for availing the benefits which were promised to you.

You may lodge a complaint against the company at the Alternative Dispute Resolutions

Sector (the ‘ADR Sector’) formed by the Judicial Department of Abu Dhabi. While filing the civil complaint against the company, it would be prudent on your part to take along with you any supporting documentary evidence (agreement with the company, payment to company, your applications to avail their services as stated by you) and submit them to the ADR Sector for registering the complaint. You may approach the ADR Sector for further details.

Q:I was employed by a company that is based in the mainland of Dubai and my employer terminated my employment recently. My performance at my company was good and I received certificates for my job-related assignments. Does the employer have the right to terminate an employee who has excelled in his employment? Am I entitled to claim compensation for arbitrary dismissal by my employer?

A:As your employment was based in the mainland of Dubai, the provisions of Federal Law No. 8 of 1980 regulating Employment Relations in the UAE (the ‘Employment Law’) and the subsequent Ministerial Orders are applicable.

In the UAE, an employer may terminate an employee on various valid grounds including but not limited to disciplinary actions, poor performances, long term health issues and genuine economic challenges faced by the employer. However, if the employee feels that his termination is arbitrary and not based on one of the aforementioned reasons, he may approach the Ministry of Human Resources and Emiritisation

(the ‘Mohre’) and thereafter, the court which has jurisdiction to hear the matter if necessary. This is in accordance with Article 122 of the Employment Law, which states:

“An employee’s service shall be deemed to have been arbitrarily terminated by his employer if the reason for the termination is irrelevant to the employer and more particularly, if the reason is that the employee has submitted a serious complaint to the competent authorities or has instituted legal proceedings against the employer that has proved to be valid.”

If your employer can prove that they are compelled by economic challenges to cut costs, then the termination may not be considered as arbitrary dismissal. However, if your employer is unable to prove economic challenges for cost-cutting then the termination may be considered as arbitrary. The Employment Law is silent on cost-cutting as a ground for termination.

Further, if you believe that your termination is arbitrary then you may also claim compensation up to three months’ salary for arbitrary dismissal from your employment. This is in accordance with Article 123 of the Employment Law, which states:

“a. Where an employee is arbitrarily dismissed, the competent court may order the employer to pay him compensation. The court shall assess such compensation with due regard to the nature of the work, the amount of prejudice he has sustained and his period of service, and after investigating the circumstances of the work. The amount of the compensation shall in no case exceed the employee’s remuneration for three months calculated on the basis of the last remuneration he was entitled to.

b. The provisions of the preceding paragraph shall not prejudice the employee’s right to the gratuity he is entitled to and the termination notice allowance provided for in this law.”

You may approach your employer and request for compensation for arbitrary dismissal if you believe that your termination of employment was arbitrary in nature. If your employer does not agree with you and if he does not compensate you after your request for arbitrary termination, then you may approach the Mohre and file a complaint against your employer.

Employee entitled to three months’ salary if arbitrarily dismissed

ASHISH MEHTA is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom, Singapore and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.