MUSCAT : In a case highlighted by the federation as part of its From Workplace Reality series, a worker was summoned for questioning more than 30 days after an alleged violation, despite the employer having been aware of the incident when it occurred.

The worker had continued performing his duties as usual, without being informed of the violation or facing any disciplinary action. More than a month later, management initiated an investigation, and a disciplinary decision was eventually issued after the violation was established.

The case raises an important question for employees and employers alike: can disciplinary action still be imposed when the legally prescribed deadlines have passed?

According to the federation, proving that an employee committed a violation does not, in itself, justify disciplinary action at any time. Oman’s Labour Law establishes specific deadlines governing disciplinary proceedings.

An employee cannot be held accountable for a violation discovered more than 30 days earlier. Furthermore, disciplinary action cannot be imposed more than 60 days after the violation has been established, the federation explained.

The federation advised workers facing delayed disciplinary proceedings to retain all relevant documentation, including investigation notices, disciplinary or dismissal decisions, and correspondence relating to the alleged violation.

Employees should also document key dates, including when the incident occurred, when management became aware of it, and when they were summoned for investigation or informed of the penalty.
Evidence that the employee continued carrying out normal duties after the incident may also be relevant when challenging the disciplinary action.

The federation further urged workers to submit a grievance to their employer through the company’s approved complaints and grievance procedures.

Where a disciplinary penalty results in dismissal and is imposed in breach of the law or the prescribed procedures and deadlines, workers may file a labour complaint with the competent authority within 30 days of being notified of the dismissal decision.

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