The Federal Supreme Court affirmed that restructuring is one of the reasons for terminating the employee's service without the legislator stipulating that the administration should cause its decision in this regard, and therefore it is subject to the absolute discretion of its authority and is not punished for that as long as it does not abuse this authority.
In a recent case, the court upheld an appellate ruling that rejected an employee’s suit in which he demanded to compel his employer, a local government body, in which he worked for an amount of 565,000 dirhams, in exchange for his labor dues, on the basis of his arbitrary dismissal, confirming that restructuring is one of the reasons for terminating the employee’s service .
An employee who filed a lawsuit before the Court of First Instance was demanding his labor entitlements, explaining that he joined the defendant on 1/5/2016, but he was surprised by the issuance of an arbitrary dismissal decision on the grounds of restructuring, which deserves compensation with him for this arbitrary dismissal, as he deserves his late salaries, warning notice and return for annual leave Against the return ticket, holiday allowance and damage for a total amount of 564,999 dirhams.
For its part, the court of first instance rejected the lawsuit, and the Court of Appeal confirmed it, then the employee appealed this ruling, confirming that the ruling was wrong in the application of the law; His work did not give the reason for the dismissal, which the court relied on, only after he refused to sign his termination letter.
For its part, the Federal Supreme Court rejected the employee’s appeal, explaining that Article 61 of the Local Human Resources Law, to which the defendant government body is subject, defines the reasons for terminating the employee’s service, including restructuring. The papers were vacated, which indicates that the authority misused its authority and then the plaintiff’s request Compensation for the unfair, unfair termination of his service.