How to defend yourself against unfair dismissal in Morocco

Dismissal can only be justified by serious misconduct or well-defined economic reasons. A trial often lasts several months, so it is preferable to find an amicable solution if any possibility of reinstatement is excluded.

1- Situation of a manager
"I worked a year and a half as a senior manager in an industrial company. One day, while we were in a meeting with the CEO, I challenged a decision that seemed detrimental to our business. I thought that was the end of it. Three days later, the CEO calls me in and tells me that he couldn't keep me for more than three months. Time to find a new job. But a week later, he goes back on his decision and fires me abruptly, without notice or dismissal letter. He just asked me to contact his lawyer to settle the formalities. I knew right away that it was a ploy to pin job abandonment on me. So I decided not to let it go. I took a first step with the labor inspector, which yielded nothing. I took the case to court and won," says Ali S., 35, a sales manager.

2- Unfair dismissal
"Every company has to manage dismissals. Except that in many cases, we fall into unfair dismissal because the substantive and procedural conditions of a dismissal procedure have not been respected," notes Mouna Sebbahi, president of the International Association of HR Experts (IA of HRE).
To avoid abuses, the legislator has worked to put in place safeguards through the labor code. Thus, the employer can only dismiss an employee for two reasons: personal reason, when the employee is guilty of serious misconduct (theft, insult, assault...), or economic reason. If this is not the case, the employer must pay the employee compensation, as the dismissal is then considered unfair.
In all cases, whether unfair dismissal or not, real reason or not, the employee must know what to expect. "To begin with, he must consult his HR manager or employee representatives," stresses Mohamed Jamal Maatouk, legal advisor. If no solution is found, he can always contact the labor inspector. Preliminary conciliation with the labor inspector is a first step that the employee must take, either to be reinstated, or to obtain damages. In case of settlement, the agreement established between the two parties ends all litigation. From that moment on, recourse to the courts is no longer possible. This procedure puts an end to any attempt at overbidding consisting for the employee, after receiving a first bonus, to seize the court to obtain a little more.
Another frequent procedure is the preliminary interview. This gives the employee the opportunity to know the reasons for the employer's decision. It is also an opportunity for him to provide explanations and organize his defense. "This is an important step that many employees do not realize how important it is," notes Mohammed Emtil, social auditor.
Very protective of employees' rights, the legislation in force imposes a rigorous procedure to be followed during this interview. Thus, the employee's summons must be made by registered letter with acknowledgment of receipt, or handed over in person against discharge, within eight days of the date of delivery of the dismissal letter.
Similarly, the employee has the right to be assisted by a delegate or a representative of the staff. "Nothing prevents the two parties from reaching an agreement without having to go through preliminary conciliation or the court," notes Jamal Maatouk. At this stage, you can get help from a lawyer to be sure not to be harmed.

3- The showdown with the employer is never a foregone conclusion
Regarding the amount of compensation, the financial package includes a legal part, notice, and another for damages. On the legal part, the employee can always negotiate the payment of unpaid leave bonuses or overtime. As for the compensation, it is negotiable according to the harm suffered: age, seniority, professional value, family responsibilities... In short, set the bar very high, even if it means making concessions later. If he is inflexible, the employer can end the negotiation. The court will then be the ultimate recourse.
However, be aware that a trial will not necessarily cost the employer more. Moreover, he can easily drag out the proceedings. Be aware that a case brought to court can last several months, or even more than a year in some cases. It is a real ordeal. So you have to be patient. For management reasons, administrative courts handle an average of a large number of cases each year. Then, the complexity of the procedure can postpone a case for several months if a document is missing. However, only a lawyer competent in the matter and attentive to the evolution of case law will be able to see whether or not the alleged facts fall within the framework of case law.
The showdown with the employer is therefore never a foregone conclusion, even if it is claimed that it is always the employee who wins in court.
"In the event that the employee decides to go to court, he must prepare a solid case file. It is necessary to gather all possible evidence. Court proceedings are based on objective data," notes Mr. Maatouk.
When the employee feels the climate deteriorating with his employer, he must think about gathering all the evidence on his side: summaries of positive evaluation interviews, registered letters with acknowledgment of receipt showing a willingness to conciliate, memos... These documents are essential to build a case file that could win a lawsuit.


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