The Reasoning of Disciplinary Decisions as a Disciplinary Guarantee in the UAE Legal System (A Comparative Analytical Study in Light of the Federal Law and Local Laws)

Abstract

The study aimed to highlight the importance of reasoning in disciplinary decisions as a procedural safeguard that allows employees to understand the reasons for their punishment and enables judicial oversight in accordance with the applicable laws in the United Arab Emirates, both local and federal. Reasoning falls under the formal requirement and differs from the cause of the decision, and the UAE legislator has mandated it to protect employees' rights. The study outlined the necessary conditions for valid reasoning, including being serious, sufficient, and contemporaneous with the decision. It also examined the legal standards set by the compared laws to ensure proper reasoning in disciplinary decisions. Additionally, the study distinguished reasoning as a formal requirement from the cause of the decision, emphasizing its significance for both the affected employee and judicial review. Finally, it explored the legal consequences of the absence of proper reasoning in disciplinary decisions