Sunday 20 March 2016

Not responding to warning notice means that the employee is accepting the allegations mentioned in warning notice.

Question

We have served an employee of our company with a warning notice and advised the person to submit a written explanation within three days. Please advise what action we can take if the employee does not respond within this period.

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. Despite your reminder if the employee does not respond, 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 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 behavior continues;". Based on the above provision of law you may take action against such employee.



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