Top Court Overturns Medical Retirement Issued Before Employee’s Death

The UAE’s Federal Supreme Court has overturned a lower court ruling that upheld the medical retirement of a government employee shortly before her death, holding that her service should legally be deemed to have ended on the date she passed away.

In its judgment, the court annulled an administrative decision that had referred the employee to medical retirement around four months before her death, finding that the move was not supported by the mandatory medical procedures required under federal law.

The case was filed by the heirs of the deceased employee, who died in January 2024, against her employer. The family argued that she had been unlawfully retired in October 2023 on grounds of medical unfitness without a valid recommendation from a competent medical committee.

The heirs asked the court to compel the employer to submit the medical committee’s report, clarify whether the illness prevented the performance of official duties, and determine whether the committee had recommended extending sick leave or terminating service. They also sought the annulment of the retirement decision and recognition that the employee’s service ended upon her death.

A court of first instance dismissed the claim, a ruling that was later upheld on appeal. The heirs subsequently challenged the decision before the Federal Supreme Court, arguing that the lower courts had misapplied the law by endorsing a termination decision issued without an approved medical committee report confirming medical unfitness.

In its reasoning, the Federal Supreme Court outlined the legal framework governing sick leave and termination on health grounds within the federal government. It noted that while short-term sick leave may be granted based on an approved medical report, extended leave and determinations of medical unfitness require formal assessment and recommendation by a specialised medical committee.

The court explained that if an illness extends beyond six months, the medical committee must either recommend an extension of sick leave or propose termination of service on medical grounds. In specific cases, including chronic or work-related illnesses, employees may be entitled to full salary during the sick leave period, subject to executive regulations.

Crucially, the court found that the employer’s decision relied on a recommendation labelled as a “review of health status for retirement”, which merely stated that the employee was “eligible”. This, the court ruled, did not in itself establish medical unfitness to perform job duties.

As a result, the court held that the retirement decision lacked a lawful basis and was therefore invalid. It set aside the appellate ruling and, invoking its powers under Article 186 of the Civil Procedures Law, proceeded to rule on the substance of the case.

The Federal Supreme Court annulled the employer’s decision to retire the employee on medical grounds and ordered that her service be deemed to have ended due to death, effective from the date of her passing.