Labour Law: Unfair Dismissal and Burden of Proof
An employee was dismissed from a private company after 5 years of service. The dismissal letter cited 'loss of trust' due to alleged unauthorized absences. The employee claims the absences were authorized due to medical appointments and that the real reason was her pregnancy, which she had disclosed a week before dismissal. The employer denies knowledge of the pregnancy. The employee filed a complaint with the Labour Court, seeking reinstatement and compensation. The case raises issues under the Angolan General Labour Law (Law 7/15) and the Constitution's equality and non-discrimination provisions (Articles 23 and 47).
1. Under the General Labour Law, what are the requirements for a lawful dismissal for loss of trust, and who bears the burden of proof?
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Under Law 7/15, Article 209, dismissal for just cause requires a written statement with specific facts and a hearing. Loss of trust is a subjective ground and must be based on objective facts that make continued employment untenable. The employer must prove the facts alleged. However, if the employee alleges discrimination (e.g., pregnancy), the burden may shift to the employer to prove that the dismissal was not discriminatory (Article 23 of the Constitution and Article 3 of the Labour Law). Here, the employer must prove the unauthorized absences. If the employee can show a prima facie case of pregnancy discrimination, the employer must rebut it. The timing (one week after disclosure) raises suspicion.
2. How should the court assess the credibility of the employer's claim that it was unaware of the pregnancy, and what evidence is relevant?
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The court should consider circumstantial evidence: the proximity in time between the disclosure and dismissal, any prior positive performance reviews, and whether the employer had a policy of dismissing employees for similar absences. The employer's claim of ignorance may be implausible if the employee informed her supervisor or HR. Witness testimony and documents (e.g., the employee's notification of pregnancy) are relevant. The court may also consider statistical evidence of dismissals of pregnant women. If the employer cannot credibly rebut the inference of discrimination, the court should find the dismissal unlawful.