News
A worker with 101 unjustified absences over a 10-month period avoided dismissal for just cause, following an unfavourable opinion from the Commission for Equality in Labour and Employment (CITE). The case sparked controversy, particularly because it involved a pregnant employee, a situation that requires prior approval from CITE for any contract termination.
According to Pedro Antunes, Partner in the Labour practice area at CCA, and Maria Luís Guedes de Carvalho, Senior Associate in the same practice area, this decision reflects a trend within the Commission. CITE rarely considers there to be sufficient grounds for the dismissal of a specially protected employee, arguing in somewhat abstract terms that there is insufficient and solid evidence that the alleged conduct constitutes culpable behaviour which, due to its seriousness and consequences, makes the continuation of the employment relationship immediately and practically impossible.
The lawyers emphasise that although the law provides for dismissal due to unjustified absences, its application becomes limited when parental protection is at stake, which in practice often forces companies to resort to court proceedings or opt for out-of-court settlements.
- Sábado