Executive
Council Resolution No. (41) of 2015
Concerning the
Central
Grievance Committee of
Employees of the Government of Dubai[1]
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We, Hamdan
bin Mohammed bin Rashid Al Maktoum, Crown Prince of Dubai, Chairman of the
Executive Council,
After perusal of:
Law No. (3) of 1996 Concerning Government Claims
and its amendments;
Law No. (3) of 2003 Establishing the Executive
Council of the Emirate of Dubai;
Law No. (27) of 2006 Concerning Management of the
Government of Dubai Human Resources and its amendments;
Law No. (19) of 2007 Authorising the Chairman of
the Executive Council to Issue the Government of Dubai Human Resources
Management Legislation;
Executive Council Resolution No. (20) of 2008
Forming the Central Grievance Committee of Employees of the Government of Dubai
Departments and its amendments; and
Executive Council Resolution No. (4) of 2009
Approving the Statute of the Central Grievance Committee of Employees of the
Government of Dubai Departments and its amendments,
Do hereby issue this
Resolution.
The following words and expressions, wherever mentioned
in this Resolution, will have the meaning indicated opposite each of them
unless the context implies otherwise:
|
Emirate: |
The Emirate of Dubai. |
|
Executive Council: |
The Executive Council of the Emirate of Dubai. |
|
Law: |
Law No. (27) of 2006 Concerning Management of the Government of Dubai
Human Resources and its amendments. |
|
Department: |
Any of the Government departments, public
agencies and corporations, councils, authorities, or other entities to which
the provisions of the Law apply. |
|
CGC: |
The Central Grievance Committee of Employees of the Government of
Dubai. |
|
Administrative
Body: |
The body of
administrators of the CGC. |
|
Work-related Offences Committee: |
A committee formed in a Department pursuant to
the Law to consider the work-related offences attributed to its Employees. |
|
Grievances and Complaints Committee: |
A committee formed in a Department pursuant to the Law to consider the
grievances and complaints filed by its Employees. |
|
Grievance: |
A written objection submitted to the CGC by an Employee,
in respect of a decision made against him by his Department, to remedy an
injustice he claims has been done to him on account of that decision. |
|
Employee: |
A male or female person who occupies a budgeted
post in a Department. |
The provisions of this Resolution apply to the
Employees of the Departments to which the Law applies.
a.
This
Resolution applies to the CGC formed pursuant to the above-mentioned Executive Council
Resolution No. (20) of 2008, which is affiliated to the Executive Council.
b.
The
CGC will be comprised of a chairman, a vice chairman, and a number of members,
from within or outside of the Government of Dubai, who are experienced and
specialised in legal and human resources fields. Members of the CGC will be
appointed by a resolution of the Chairman of the Executive Council.
c.
The
vice chairman of the CGC will exercise the powers of the chairman of the CGC
where the chairman is absent or becomes incapable of performing his duties.
d.
The
chairman and members of the CGC will be paid the remunerations determined by a
resolution of the Chairman of the Executive Council.
The CGC will have the following objectives:
a.
to
give Employees the opportunity to submit Grievances in respect of final
administrative decisions that affect their employment;
b.
to
ensure that justice, job satisfaction, and job stability are achieved for
Employees; and
c.
to
ensure proper implementation of, and full compliance with, the provisions of
the Law.
a.
The
CGC will have the jurisdiction to consider and determine the Grievances
submitted to it by Employees in respect of the final administrative decisions
issued against them and related to:
1.
disciplinary
penalties;
2.
annual
performance appraisal;
3.
transfer,
assignment, or secondment;
4.
termination
of service or suspension from work; or
5.
administrative
measures that violate the provisions of the Law.
b.
The
CGC may consider and determine the Grievances submitted to it by Employees
where their Departments fail to take the actions or decisions required by the
Law in respect thereof.
c.
The
CGC will not have jurisdiction over the following:
1.
Grievances
related to working hours; grades;
salaries; or bonuses; and
2.
Grievances
being heard by a judicial authority or in respect of which a definitive
judgment has been issued.
The chairman of the CGC will undertake general
supervision of the CGC. For this purpose, he will:
1. manage
the CGC meetings in a manner that ensures that members effectively participate
in, and express their opinions during, these meetings;
2. verify
compliance by the CGC and its members with the relevant approved performance
indicators;
3. submit
periodic reports to the Chairman of the Executive Council on the activities,
performance, and achievements of the CGC;
4. represent
the CGC before third parties;
5. appoint,
and supervise the work of, the Employees of the Administrative Body of the CGC;
and
6. perform
any other duties required for the CGC to perform its functions under this
Resolution.
A CGC member must effectively contribute to the
performance by the CGC of its duties, and give priority to the public interest
in all events. In particular, a CGC member must:
1. attend
all CGC meetings and not miss any of them unless he has a valid reason;
2. effectively
participate in considering and reviewing the Grievances filed with the CGC, and
give opinion thereon; and
3. commit
to achieving the relevant approved performance indicators.
The CGC will have an Administrative Body comprised
of a number of legal and administrative Employees, who will be governed by the
human resources bylaw applicable to the Employees of the General Secretariat of
the Executive Council.
a.
The
limitation period for filing a Grievance will be fourteen (14) working days
from the date on which the grievant is notified of the decision of the
Grievances and Complaints Committee, or thirty (30) days from the date of
submitting a grievance to the Grievances and Complaints Committee without
being determined.
b.
The
CGC may not admit a Grievance filed after the lapse of the limitation period
referred to in paragraph (a) of this Article.
To be admitted by the CGC, a Grievance must be
based on one or more of the following grounds:
1. lack
of jurisdiction;
2. conflict
between the contested decision and the legislation in force, or misapplication
or misinterpretation thereof;
3. failure
to comply with the basic procedures prescribed by the legislation in force upon
issuing the contested decision; and/or
4.
grounds that the contested
decision involves abuse of power or deviation from the objective of achieving
the public interest.
a.
Grievances
will be submitted to the CGC. A Grievance will include the following
information:
1. name of the grievant; and his capacity, post,
address, and contact information;
2. name and address of the respondent Department;
3. the contested decision and its date of issuance;
4. grounds for the Grievance, together with the
supporting documents;
5. requests of the grievant; and
6. names of the witnesses upon whose statements the
grievant depends to support his Grievance.
b.
The
CGC will admit the copies of evidential written documents submitted together
with the Grievance. With respect to the documents, records, and files that are
retained by the respondent Department or which may not be divulged to the
concerned parties or delivered to any third party, it is sufficient to clearly
and specifically refer to them.
c.
The
Administrative Body will record the Grievance on the register
maintained for this purpose; and will deliver to the concerned party a receipt
proving his submission of the Grievance, in which the number and date of
registration will be noted.
d.
The
Administrative Body will prepare the Grievance file containing all
the documents submitted by the grievant.
a.
The
Administrative Body will notify the Department of the Grievance
filed against it, and serve a
copy of all the papers and documents related thereto on the Department within
five (5) working days from the date of its submission to the CGC.
b.
The
respondent Department must respond to the Grievance within ten (10) working
days from the date of being notified thereof, failing which, the CGC may
consider the Grievance in accordance with the procedures prescribed by this
Resolution.
c.
The
Administrative Body will refer the Grievance together with the
response thereto to the chairman of the CGC, who will in turn refer it to the
CGC for consideration at a hearing he schedules.
d.
If
the CGC deems it necessary that one of the parties to the Grievance appear
before it, he must be notified of the scheduled date of the hearing at least
two (2) working days before that date.
e.
The
notifications referred to in this Article will be served in person against
signature in confirmation of receipt; by a registered letter with
acknowledgement of receipt; by email; by fax; or by any other means of
communication approved by the CGC.
The CGC may decide that a Grievance is
inadmissible in form before considering its merits where it is established that the CGC lacks
jurisdiction over the Grievance; or that the limitation period prescribed for
filing the Grievance with the CGC has lapsed. The decision of the CGC in this
respect will be final.
a.
If
so requested by the CGC, a grievant must appear before it in person, or
authorise another person to represent him pursuant to a notarised power of
attorney, at the time scheduled for the hearing.
b.
The
respondent Department must assign, upon the request of the CGC, any of its
competent Employees, or whomever it deems appropriate, to represent it before
the CGC to state the Department’s case, present its defence, and submit
supporting evidence and documents.
a.
The
CGC may, in the event of failure by any of the parties to a Grievance to appear
at a hearing after being notified of its date as stated in Article (12) of this
Resolution, proceed with considering the Grievance, and determine it.
b.
The
CGC may dismiss the Grievance if the grievant fails to appear at the hearing,
without an acceptable reason, after being notified of the date of the hearing.
a.
Any
Grievance filed with the CGC may not be provisionally dismissed or indefinitely
adjourned.
b.
If
it is established to the satisfaction of the CGC, in the course of considering
a Grievance, that its subject matter relates to a criminal offence, the
chairman of the CGC must notify the respondent Department of this fact in order
for the Department to take the necessary legal action in this regard. In this
case, the chairman of the CGC may decide to proceed with considering the
Grievance or to stay the proceedings until the criminal case is determined.
For the purpose of determining the Grievances
filed with it, the CGC will have the powers to:
1. hear
the statements of both parties to the Grievance; examine the supporting
documents submitted by each; admit and weigh submitted
evidence, and assess the relevance of such evidence
to the subject matter of the Grievance;
2. conduct
inspections or supplementary investigations; require the
submission of necessary documents; and peruse and
examine the same, whether by itself or through any other person appointed
by it for this purpose;
3. summon
any of the Employees of the respondent Department to appear at its hearings;
4. summon
witnesses, as it deems appropriate, to hear their statements, whether on its
own initiative or upon the request of any party to the Grievance; and overrule
any questions posed to the witnesses that are irrelevant to the subject matter
of the Grievance; and
5.
seek the assistance of
experts and specialists as it deems appropriate, in which case they will not
have a vote in its deliberations.
a.
The
CGC will hold its meetings where necessary at the invitation of its chairman;
or in his absence, at the invitation of its vice chairman. Meetings of the CGC
will be valid if attended by the majority of its members, provided that the
chairman or vice chairman is in attendance.
b.
The
Administrative Body will be responsible for sending invitations to
the CGC meetings, preparing minutes of its meetings, following up the
implementation of its decisions, and performing any other duties assigned to it
by the chairman of the CGC.
a.
The
CGC will issue its decisions unanimously or by majority vote of its attending
members; and in the event of a tie, the chair of the meeting will have the
casting vote.
b.
The
decisions of the CGC must be reasoned.
c.
The
deliberations of the CGC will be held in camera. The CGC will issue its final
decision on any Grievance no later than sixty (60) days from the date of
registration of the Grievance with it. The chairman of the CGC may, where
required, extend this time frame for up to thirty (30) days.
d.
A
CGC member objecting to the majority's decision may record his objection in
writing as part of the text of the decision.
e.
The
decisions of the CGC will be recorded in minutes signed by the chair of the
meeting and attending members.
f.
The
CGC will issue its decisions on procedural matters in writing. These decisions
must include the grounds on which they are based, and must be signed by the
attending members.
g.
The
CGC must, on its own initiative or upon the request of any party to the
Grievance, correct any material errors in its decision. In the event of any
ambiguity in the decision, either of the parties to the Grievance will be entitled to
request the CGC to clarify this ambiguity, in which case the CGC may issue the
appropriate decision in this respect.
The Administrative Body must notify parties to the Grievance
of the decision issued by the CGC within five (5) working days from the date of
its issuance.
The
decisions issued by the CGC on any Grievance filed with it, as to the form or
merits, will be irrevocable and non-appealable by any method of administrative
review. The CGC decisions will be binding on respondent Departments, and grievants will retain their right to recourse to courts to appeal contested decisions.
a.
Where
a CGC decision requires a respondent Department to withdraw its contested decision, all legal and administrative
actions and measures taken under the contested decision will be deemed
cancelled as from the date of issuance of that contested decision.
b.
Where
a CGC decision requires the respondent Department to cancel a contested
decision, all legal and administrative actions and measures taken under this
decision will be deemed cancelled as from the date of issuance of the CGC
decision.
c.
The
respondent Department must implement the decision of the CGC within the ten
(10) working days from the date of being notified thereof, and must notify the
CGC of the actions it has taken in this regard.
a.
A
grievant may request the CGC to temporarily stay the implementation of a
contested decision pending determination of the Grievance. For this request to
be granted, the following requirements must be satisfied:
1.
the
request for stay of implementation of the contested decision must be
accompanied by a request for its withdrawal or cancellation;
2.
the
decision in respect of which a stay of implementation is requested must not
have been already implemented;
3.
the
request must be based on reasonable and factual grounds; and
4.
the
implementation of the contested decision must be expected to result in
irremediable consequences.
b.
The
CGC must determine the request for stay of implementation of the contested
decision within three (3) working days from the date of its submission.
c.
Where
the requirements stipulated in paragraph (a) of this Article are satisfied, the
CGC may grant a stay of implementation of the contested decision pending
determination of the Grievance.
a.
The
chairman of the CGC will submit a special report to the Chairman of the
Executive Council on any act or measure undertaken by the respondent Department
that prevents the CGC from performing its duties, or obstructs the
implementation of any of its decisions.
b.
A
respondent Department may not undertake any act or measure that would prevent
the CGC from performing its duties. In particular, the respondent Department
may not:
1.
allow
any of its officials or Employees to disrupt the proceedings or investigations
conducted by the CGC or object to the same in any way;
2.
allow
any of its officials or Employees to act passively, or with slackness, with
regard to fulfilling any of the CGC requests or providing the support required
for its inspection and investigation procedures in respect of the Grievances filed
with it;
3.
prevent
a grievant Employee or any other Employee summoned by the CGC from appearing at
its hearings; and/or
4.
act
with slackness or delay in implementing a decision issued by the CGC on a
Grievance.
c.
The
CGC may notify a respondent Department in the event of non-cooperation by any
of its Employees with the CGC, in order for the Department to take the
necessary action in this regard.
The
chairman of the CGC will submit to the Chairman of the Executive Council an annual report that includes the following:
1.
the
number and type of Grievances filed with the CGC and a statement of the
Grievances that have been determined, whether by dismissing them or by
withdrawing or cancelling the contested decisions;
2.
any
cases where respondent Departments have refrained from implementing the
decisions of the CGC, and proposals
on the actions and measures
required to ensure the Departments’ compliance with these decisions;
3.
the
CGC work programme; and proposals and recommendations for improving its
performance, including proposals to amend the legislation relating to its work;
and
4.
general
recommendations on the measures required for upholding the principles of
justice and equity when determining the Grievances filed with the CGC.
The chairman, vice chairman, and all members of the CGC; all Employees
of its Administrative Body; and any
experts or specialists engaged by the CGC are under a duty
of confidentiality in respect of all the facts,
documents, and decisions to which they gain access and the information they
become aware of in the course of performing their duties. This duty of confidentiality will survive the end of
their work relationship with the CGC.
The
Department of Finance will provide the financial resources required to enable
the CGC to perform the duties assigned to it under this Resolution.
The above-mentioned Executive Council Resolution No. (20) of 2008 and
Executive Council Resolution No. (4) of 2009 are hereby repealed. Any provision
in any other legislation will also be repealed to the extent that it contradicts the provisions of this
Resolution.
This
Resolution comes into force on the day on which it is issued, and will be
published in the Official Gazette.
Hamdan bin Mohammed bin Rashid Al
Maktoum
Crown
Prince of Dubai
Chairman of
the Executive Council
Issued in Dubai on 17 August 2015
Corresponding
to 2 Thu al-Qidah 1436
A.H.
©2020 The Supreme
Legislation Committee in the Emirate of Dubai
[1]Every effort
has been made to produce an accurate and complete English version of this legislation.
However, for the purpose of its interpretation and application, reference must
be made to the original Arabic text. In case of conflict, the Arabic text will
prevail.