At the end of May and early June, the Superior Labor Court released two more decisions dealing with condemnation to companies by discriminatory practices . Read more about cases, and also the opinion of the Carpena Advogados Associadates, Douglas Matos, on the theme:
- The 8th class of the Superior Labor Court (TST) understood as discriminatory the dismissal of a manager of a Network of Gaúcha stores by dating a colleague of service. The couple maintained the relationship even after being warned by a company director about the ban on loving relationship between employees. The two were dismissed with only one day difference. The manager claimed discrimination and requested repair, justifying that the company's conduct raped his intimacy. The TST decided in favor of the worker, because he understood that the courtship did not disturb the work, and determined the payment of indemnity for moral damage in the amount of R $ 5 thousand.
- TST also judged as discriminatory the dismissal of a machine operator from a Minas Gerais company. The dispensation occurred two months after the official enters labor action against the company in which he acted, in which he required the union of two contracts. After dismissal, the operator filed a new complaint, requesting indemnification for moral damage to the argument that resignation occurred due to the first action. The 3rd TST class understood that the dispensation occurred in retaliation to labor action and condemned the company to pay all labor funds related to the period of departure to the employee, based on the previous salary for dismissal.
" Most, the farewell of an employee must be analyzed beyond the border of simple contractual termination. This is because actions taken in certain scenarios, without the prior analysis of a technical triad, formed by the human resources, worker and legal health sectors, can generate labor liabilities that could be avoided or, at least, previously estimated. Preventive measures, be they through guidelines for bosses and employees, or even through internal procedures, will always be the best alternative for all ",
highlights Douglas Matos , carpena lawyer associated lawyers.
cited processes : CRI 11240-03.2014.5.03.0061 and RR-190-38.2014.5.04.0841.
