Wrongful Termination or Valid Dismissal? A Labour Law Analysis
Maria Fernandes worked as a cashier at a supermarket in Benguela for 5 years under a permanent contract. On 1 February 2025, she was accused of stealing 50,000 Kz from the till. The employer conducted an internal investigation, interviewed two colleagues, and reviewed CCTV footage that showed Maria taking money from the register but not putting it in her pocket; she claimed she was moving it to a different compartment for counting. Without giving Maria a chance to respond to the allegations, the employer terminated her contract on 5 February 2025, citing 'loss of trust'. The Labour Law (Law 7/15) requires a written statement of reasons and a hearing before dismissal for disciplinary reasons. Maria claims the dismissal was unlawful and seeks reinstatement or compensation.
1. Was the dismissal lawful? Discuss the procedural and substantive requirements.
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The dismissal was likely unlawful. Procedurally, the employer failed to give Maria a written statement of reasons and an opportunity to be heard, violating the right to defence and the principle of audi alteram partem. The Labour Law requires a disciplinary hearing before dismissal for misconduct. Substantively, the evidence is ambiguous: CCTV shows Maria handling money but not concealing it; her explanation (moving money for counting) is plausible. 'Loss of trust' is not a valid ground for dismissal without concrete proof of dishonesty. The employer did not allow Maria to respond to the allegations, which is a fundamental breach. Therefore, the dismissal is both procedurally and substantively unfair.
2. What remedies can Maria seek, and what factors would the court consider in awarding compensation?
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Maria can seek reinstatement or compensation. Under the Labour Law, if the dismissal is unlawful, the court may order reinstatement or payment of compensation. Compensation is typically calculated based on salary and length of service. Factors the court will consider: (1) the severity of the procedural breach, (2) Maria’s length of service (5 years), (3) her salary, (4) the economic impact on her, and (5) any contributory fault. Since the dismissal was without just cause, the court may award compensation equivalent to 12 months’ salary or order reinstatement with back pay. The court may also award moral damages if the dismissal affected her reputation. The employer’s failure to follow procedure weighs heavily in Maria’s favour.