The Court of Cassation has ruled that an employer is not required to prove that an employee received a written warning for absence from work.
Sending the warning to the employee’s registered residential address within the time limits prescribed by law is sufficient, provided the employee is given an opportunity to explain his absence before dismissal.
The ruling overturned a judgment ordering a company to compensate an employee for dismissal and pay in lieu of notice.
The court found that the employee had been absent from work and that the company had sent a written warning to the address stated in his employment contract.
The employee had filed a lawsuit seeking his employment entitlements, stating that he joined the company on February 6, 2023, on a monthly salary of BD300.
He claimed that his employment was terminated on August 25, 2024, without a legitimate reason or prior notice.
The court explained that Article 107 Paragraph 4 of the Labour Law allows an employer to dismiss an employee without notice or compensation if the employee is absent without a legitimate reason for more than 20 intermittent days or 10 consecutive days in a year, provided the required written warning is issued within the legally prescribed periods.
The court established that the employee had been absent since August 13, 2024, and that the company had sent a warning to his registered address before terminating his employment.
It ruled that the warning takes effect once sent to the address provided to the employer, without requiring proof of actual receipt.
It therefore deemed the dismissal lawful and rejected his claims for compensation and payment in lieu of notice.
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