A worker from the graphic services sector in Belo Horizonte had reverted dismissal for just cause after a decision of the 12th Labor Court of the Regional Labor Court of Minas Gerais (TRT-MG). He had been Dismissed on the charges of bad procedure and indiscipline, after posting stickers considered “disrespectful” in a corporate group of WhatsApp.
The episode occurred after a message sent by the company about the delay in paying wage advance. The employee, who worked for over 13 years in the company, reacted with stickers in the group, who also had the presence of the company owner. The company claimed that the images generated internal turmoil and motivated the resignation.
However, Judge Marcelo Oliveira da Silva understood that the conduct did not have enough seriousness to break the confidence necessary to maintain the employment contract. “I do not realize, in the attitude of the complainant, the purpose of harming the reputation of the company,” said the magistrate in the decision.
The judge also pointed out that the worker was not the first to use stickers in the conversation and that other colleagues who acted in the same way were not punished, which characterizes, according to him, unequal treatment. The company’s allegations about alleged damage to the workplace, such as unjustified absences and chakotas, were dismissed for lack of evidence.
Another point cited in the sentence is that there were no rules of use of the corporate group no prohibition of stickers or games – except for sensitive, prejudiced, pornographic or discriminatory contents, which did not apply to the case.
With the reversal of the just cause, the company was ordered to pay the former employee the indemnified notice (66 days), 13th proportional salary, proportional vacation with an increase of 1/3, in addition to FGTS deposits with a fine of 40% and the fine provided for in article 477 of the CLT. You should also provide documents for withdrawal of FGTS and qualification in the unemployment insurance.
The company appealed the decision, but did not include in the appeal of the just cause.
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This content was originally published in justice revert to the cause of employee by “disrespectful” stickers on the CNN Brazil website.
Source: CNN Brasil
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