The principle of disciplinary coherence in Labour Law

Inês Neves

Keywords

Principle of disciplinary coherence; Employees’ rights; Disciplinary authority; Disciplinary procedure; Discretion; Equal treatment.

Abstract

Our work intends to be a precise and succinct explanation of the principle of disciplinary coherence in Labour Law. After presenting the framework of the problematic, which calls for the elaboration of the principle on a case by case basis, we carefully analyse the jurisprudence of our Courts, seeking to smooth the edges of the so-called “coherence or equal disciplinary treatment”, through the characterization of this principle, as an instrument of great value for the understanding of the concept of just cause of dismissal and for the principles of equality and proportionality, which should guide the labour disciplinary procedure.