Dismissal by WhatsApp After Twelve Years
Randa has worked since March 2012 as sales manager for a Beirut cosmetics distributor. There is no written contract. She is paid USD 1,800 in cash and USD 400 declared to the National Social Security Fund (NSSF); her bank deposits and emails reflect the full amount. On 3 March 2024 her manager dismissed her by WhatsApp message citing 'restructuring', with no notice or indemnity. The company now says she resigned and produces a blank resignation letter she signed at hiring. Her NSSF record shows 14 months of missing contributions and a declared wage of USD 400. She has WhatsApp messages, salary deposits, and client emails. The company refuses to give a work certificate. She wants end-of-service indemnity, notice pay, unused leave, and correction of NSSF contributions.
1. Who bears the burden of proving resignation rather than dismissal, and how should the court assess the blank resignation letter?
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Issue. Whether Randa resigned or was dismissed.
Rule. Dismissal must be justified and notified; resignation must be free and unequivocal. An employer relying on a resignation bears the burden, especially where it produces a blank letter signed at hiring. Lebanese labour courts scrutinise pre-signed waivers and documents that purport to surrender statutory rights; doubt generally favours the employee.
Application. Randa has a WhatsApp message dismissing her for restructuring. The company's blank resignation letter is not credible without proof that she voluntarily signed it at the time of leaving, with knowledge of its effect. The timing - 12 years of service, no notice, immediate replacement - supports dismissal. Even if the letter bears her signature, it is void if not free or if it waives non-waivable statutory entitlements. The employer cannot rely on its own failure to keep proper records.
Conclusion. The court should treat the termination as a dismissal. The employer must prove a lawful cause or pay the statutory consequences. The resignation defence is likely to fail, and the burden should not shift to Randa merely because the employer produces a pre-signed document.
2. How should Randa's financial claims and NSSF position be calculated and enforced?
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Issue. Quantum of indemnity, notice, leave, and NSSF correction.
Rule. End-of-service indemnity is based on the last actual wage and complete years of service; notice pay and unused leave are separate. An underdeclared salary does not cap the employer's liability if the actual wage is proven. NSSF contributions are due on the actual wage; missing months can be regularised through inspection, with penalties. The employer must issue a work certificate.
Application. Randa should prove the USD 1,800 wage through bank deposits, emails, and testimony. On the common statutory basis of one month's wage per year, 12 years × USD 1,800 = USD 21,600 before notice and leave. The declared USD 400 is not a ceiling. For NSSF, the 14 missing months and the years of underdeclaration should be reported; the fund may inspect and assess arrears. Older contributions may face limitation periods, so she should act promptly.
Conclusion. Claim indemnity, notice pay, unused leave, a work certificate, and NSSF correction. Seek provisional seizure if the company may move assets. Plead the notice period separately under the applicable statutory schedule, and ask the court to base all awards on the proven actual wage, not the declared figure.