/Institutions/University-of-Dubai/json/2024-2025/Policy-and-Procedure-Manual-local.json

/Institutions/University-of-Dubai/json/2024-2025/Policy-and-Procedure-Manual.json

Policy and Procedure Manual 2024-25 > Faculty and Professional Staff > Employee Legal Issues

Employee Legal Issues

Policy 

This provides a framework for addressing employee legal issues at UD in a fair, consistent, and legally compliant manner. Responsibilities for implementing and adhering to this policy is assigned as follows:

1. UD Faculty and Staff: Both Faculty and Staff are under legal duty to report legal issues and cooperate with investigations pursuant to this policy.

2. Deans, Program Directors, Managers, and Coordinators are under legal obligation to implement these procedures and maintain a respectful and lawful work environment.

3. HRD: Manages investigations and maintains records.

4. Legal Adviser/Counsel: Provides legal advice and representation when necessary.

 

1. Legal Consultation and Advice
UD employees may request initial legal advice and consultation when faced with legal issues related to their employment at UD.  Both UD Faculty and Staff are encouraged to seek legal advice independently when they encounter employment-related legal concerns.  UD is committed to providing relevant information to assist employees in accessing independent legal counseling. The initial legal consultation and advice which UD offers must always remain “WITHOUT PREJUDICE” and should not be viewed as a waiver of UD's legal rights. All legal matters and communications between UD employees, legal counsel, and the university shall be treated with strict confidentiality, except where disclosure is required by law.

 

2. Employee Reporting of Legal Issues
UD Employees who have employment-related legal issues are required to report them promptly to their immediate line managers, HRD, or the designated point of contact for legal matters. UD is committed to protecting employees who report legal issues in good faith from retaliation. Retaliation against employees who report legal issues is strictly prohibited and will result in disciplinary action under the relevant policy.

3. Investigation and Resolution
Upon receiving a legal issue report, UD through the HRD in consultation with the UD legal advisor, will conduct an initial assessment to determine the need for further investigation. When warranted, an investigation will be initiated. Investigations will be conducted impartially, and all parties involved will be afforded due process. The investigation procedure will be in line with FP 5.9 UD Disciplinary Policy.

 

4. Alternative Dispute Resolution (ADR)
Upon completing an investigation, UD will take appropriate actions to address the legal issue and, when necessary, make changes to prevent future occurrences. UD may offer alternative dispute resolution methods to resolve legal issues, including mediation and arbitration.

4.1 Mediation
Mediation involves a neutral third party who assists in resolving disputes. Participation in mediation may be voluntary or mandatory.

4.2 Arbitration
Arbitration is a process in which an impartial arbitrator makes a binding decision on a legal matter. Arbitration may be utilized as an alternative to litigation.

5. Disciplinary Action and Termination
If it is determined that an employee has engaged in misconduct, appropriate disciplinary action may be taken in accordance with UD's disciplinary policy. Termination of employment may occur when an employee's actions warrant such action. Termination will be carried out in accordance with UD's policies. UD is committed to providing due process rights, including notices and fair hearing to employees facing disciplinary action or termination.

6. Records and Documentation
UD will maintain records of legal issues, investigations, resolutions, and any other relevant documentation. Documents related to legal issues will be retained in accordance with legal requirements and UD's document retention policies.

7. Training and Education
Employees will receive training on these policies and procedures to ensure awareness of their rights and responsibilities. Deans, Program Directors, Supervisors, Managers, and Coordinators will receive training on how to handle legal issues in the workplace and how to implement these policies.

8. Compliance with UAE Laws and Regulations
UD is committed to providing equal employment opportunities and complying with all applicable UAE laws and regulations, including MOE guidelines regarding higher education in the UAE. UD will adhere to all applicable privacy laws and protect the confidentiality of employee records.