Justa causa no despedimento: critérios legais e perspectivas dos tribunais moçambicanos

Abstract

This final paper focuses on the assessment of Just Cause as a reason for Dismissal due to Disciplinary Infraction. The study explores the principles of Labor Law that regulate the termination of the employment contract by Dismissal due to violation of labor duties by the employee and, consequently, commission of a disciplinary infraction, highlighting the legal and material forms for the exercise of the employer's disciplinary power, in the face of disciplinary proceedings. The research is based on current labor legislation, always contrasting with previous legislation, as a basis for the analysis of res judicata. Furthermore, it analyzes the case law of the courts, identifying criteria used in judicial decisions and interpretative tendencies in the application of just cause for dismissal. Through doctrinal review and analysis of specific cases, the study highlights the challenges faced in proving just cause and the legal consequences for the parties involved. It is concluded that just cause must be applied judiciously, respecting the principles of proportionality and reasonableness, ensuring a balance between employment protection and the need for discipline in labor relations