Dismissal for gross misconduct: the procedure to follow

What counts as gross misconduct

Article 39 of the Labour Code lists examples of gross misconduct: theft, breach of trust, serious insult, any form of violence, deliberate and unjustified refusal to perform work within the employee’s qualification, or unjustified absence of more than four days or eight half-days over twelve months.

The misconduct must be proven and the sanction proportionate to the facts.

The procedure

• Hear the employee within eight days of the misconduct being discovered, in the presence of the staff delegate or union representative of the employee's choice.
• Draw up minutes of the hearing, signed by both parties, and give the employee a copy.
• Notify the decision in writing, by hand against receipt or by registered letter, within forty-eight hours of the decision.
• Send a copy of the decision to the labour inspector.

The employee's remedies

The employee can first seek conciliation before the labour inspectorate. Failing that, they bring the case to court within ninety days of receiving the dismissal decision.

If the dismissal is found unfair, they can obtain damages in addition to notice pay and severance pay.

The firm's view

Whether you are the employer or the employee, the case is decided in the first eight days: that is when advice is most useful.

Maître Malak Elimani advises employers and defends employees before the social chamber of the Rabat court of first instance. This article provides general information and is not a substitute for legal advice.