Morocco’s Court of Cassation ruled in Decision No. 332, issued on April 13, 2022, in Labor Case No. 2019/2/5/3825, that an employer may not substantially alter the nature of an employee’s work without the employee’s explicit consent or a prior agreement authorizing such a change. The Court held that such conduct may amount to constructive dismissal, carrying the same legal consequences as an unlawful termination of employment.
The case involved an employee who had worked as a childcare educator at an institution since 2006. After years of performing those duties, she was reassigned to accompany children on a school transport vehicle rather than continuing in her original position.
The employee argued that the reassignment fundamentally altered the nature of her job and undermined her professional dignity, prompting her to seek legal redress.
In its reasoning, the Court clarified that an employer’s authority to organize and manage a business does not extend to unilaterally changing the nature of the work agreed upon in the employment contract, particularly when the new duties differ substantially from the employee’s original role.
The Court emphasized that transferring the employee from her position as a childcare educator to supervising children during school transportation, after more than eleven years of service, without her consent and without any prior agreement, constituted constructive dismissal and entitled her to the compensation provided by law.
The ruling further stated that an employer’s right to reorganize work must be exercised in a manner that respects employees’ acquired rights and avoids abuse of managerial authority. Any substantial modification of the employment contract or of the employee’s duties therefore requires the employee’s prior approval.
Although the employer argued that it was merely exercising its managerial prerogatives, the Court found that the reassignment exceeded the limits of organizational authority and reaffirmed the legal principle that a fundamental change in job duties without the employee’s consent is equivalent to indirect dismissal, commonly known as constructive dismissal.
This judgment is regarded as an important precedent in labor law, as it strengthens protections for employment stability and prevents employers from imposing significant changes to an employee’s role without mutual agreement.