Questions & Answers
Action against employee for not replying to a show cause notice
One of my employees requested 3 months annual leave, we granted 2 months. However, once he went on leave, he came back after 5 months.
We gave him a show cause notice, he said he is not willing to give us a written explanation for his absence.
How do I proceed with him now?
Dear questioner,
Thank you for contacting us.
Pursuant to your question, we advise that in case your employee does not provide you with explanation in writing to the warning notice served to him, you may once again call upon him to provide an explanation within the next few days as you deem appropriate.
If the employee does not respond despite your reminder, as an employer you have the right to terminate his employment.
It should be noted that not responding to warning notice means that the employee is accepting the allegations mentioned in the warning notice.
This follows the Latin maxim 'Qui Tacet Consentire Videtur' which means "he who is silent is taken to agree".
Further, Article 120 (e) of the Federal Law No. 8 of 1980 states, "An employer may dismiss a worker without notice if the worker does not perform his basic duties under the contract of employment and persists in violating them despite the fact that he has been the subject of a written investigation for this reason and that he has been warned that he will be dismissed if such behaviour continues;".
Based on the above provision of law you may take action against such employee.
You can get in touch with me on the phone or email for further assistance and clarification.
I trust you will find this helpful.
Regards,
Mohammed Beakheet
