In a landmark decision, Morocco’s Court of Cassation recognized WhatsApp as a valid legal tool for notifying employers about employee absences due to illness.
This ruling, issued in 2024 by the Court’s Social Chamber, overturns a previous decision by the Appeals Court, which had rejected this form of communication.
The case involved an employee who was absent for six days after undergoing brain surgery.
She sent two medical certificates, totaling 34 days of leave, via WhatsApp, a communication method routinely used by her employer.
The responsible manager received the certificates and acknowledged the reason for her absence, which the employer did not dispute.
The Court of Cassation ruled that the employer’s knowledge of the absence invalidated claims that the employee left without notice, thus nullifying the appeals court’s decision.
This ruling marks a significant step in recognizing digital tools within legal frameworks and highlights the need to modernize laws to keep up with digital transformations in the workplace.
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