Abstract

The study examines the evolution of Moroccan judicial jurisprudence concerning the legal nature of the procedure for dismissal on grounds of gross misconduct, before and after the enactment of the Moroccan Labour Code. It highlights the shift from considering dismissal procedures as mere means of proof to recognizing them as a condition for the validity and legality of dismissal, particularly since 1974. It also examines the continuity of this approach under Articles 62 to 64 of the Labour Code and the Supreme Court’s insistence on compliance with the prescribed procedures. The study further distinguishes between the mandatory nature of the procedure and its non-classification as a matter of public order. It concludes that establishing gross misconduct alone is insufficient to render dismissal lawful, as compliance with the prescribed procedure is equally required. It also raises the issue of proportionality between the consequences of procedural violations and the seriousness of the misconduct, emphasizing the need to balance employee protection, disciplinary authority, and substantive justice in labour disputes.

Keywords

Disciplinary authority; Gross misconduct; Dismissal; Judicial jurisprudence; Disciplinary procedure.