Workplace investigations are a critical component of maintaining lawful, fair, and respectful employment practices but require a careful balance of legal compliance, procedural fairness, and cultural sensitivities.
Workplace investigations are a critical component of maintaining lawful, fair, and respectful employment practices but require a careful balance of legal compliance, procedural fairness, and cultural sensitivities.
Equally important is ensuring that investigations reflect the organisation’s core values and commitment to an inclusive and respectful workplace culture.
Article 44 of the UAE Labor Law No.33 of 2021 outlines the conditions under which an employer may terminate an employee without notice. However, such actions must be preceded by a thorough and procedurally sound investigation, with a number of practical considerations for employers.
Even where an employer chooses to terminate an employee with notice, or even if operating in the Dubai International Financial Centre (DIFC) or Abu Dhabi Global Market (ADGM) where the concept of arbitrary dismissal does not exist, conducting an internal investigation remains a best practice. It helps ensure that the decision is well-founded, documented, and defensible, particularly in cases involving performance concerns, behavioural issues, or potential legal risk. As the UAE continues to attract international investment and talent, expectations around transparency, fairness, and due process are rising.
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