Affaire B.S. C/ Comission de P, Burkina Faso, Court of Appeal, 2003.
The Court found that the employer had acted inconsistently in offering Mrs. B.S. one-month extensions on her fixed term contract and then ending her contract at a time when she would otherwise have begun maternity leave on the grounds that there were no more project-related funds to cover her employment. This inconsistent behavior supported the finding that Mrs. B.S. had been unfairly dismissed because of pregnancy. Under Article 33 of the Labor Code, the Court awarded damages to Mrs. B.S. for unfair dismissal. Furthermore, the Court faulted the employer for having violated Article 84 of the Labor Code which states that pregnant employees must enjoy maternity benefits under the Caisse Nationale de Sécurité Sociale, including 14 weeks of paid leave, and awarded Mrs. B.S. the maternity benefits that she would have received had she not been unfairly dismissed.
Affaire Zabsonre Asseta C/ Direction Regionale de la Santé de Tenkodogo, Burkina Faso, Court of Appeal, 2001.
Mrs. Z.A. contended that she had been unfairly dismissed for having refused sexual advances by the personnel manager. The Court found that Mrs. Z.A. did not have the obligation to prove that she had been the subject of sexual harassment. Her employer had the burden of proof to show that she had been dismissed fairly. Here the Court found that Mrs. Z.A. had been dismissed because she did not submit to her personnel manager's sexual advances, and therefore awarded her punitive damages in addition to six months pay.