TRT- reverses just cause of employee who reported tied sales in the market

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Understanding that there was no gradation of penalties or proportionality in relation to the offense committed, the th Panel of the Regional Labor Court of the th Region reversed the just cause of an employee of the Atacadão supermarket, who had been dismissed after denouncing the practice of tying in establishment. The company was also ordered to compensate him with R$, reproduction Supervisor asked employee to incorporate services into purchases without consulting customers Reproduction The author worked as a card operator at the market. According to him, his supervisor asked employees to include services — such as SMS, security and premium invoice — in purchases without informing customers. He alerted the company, which is why an internal investigation was launched to analyze the card sales sector. In the end, Atacadão decided to lay off all employees in the sector. The author's just cause was based on "incontinence of conduct or bad behavior". The man then went to court, explaining that the determination to incorporate the services would be the defendant's own.

He highlighted that he did not even Greece Phone Number benefit from the practice, since his remuneration remained the same, regardless of the number of sales. His request for reversal of just cause was denied in the first instance. In TRT-, judge-rapporteur Marcelo José Ferlin D'Ambroso considered that the defendant had not produced evidence capable of dispelling the presumption of more onerous termination for the employer. The judge noted that the author was not previously penalized for any disciplinary offense, and even so he received the most severe punishment, for adopting a practice that was approved by the company itself. According to him, the gradation would be "essential even to make the employee aware that repeating the behavior could imply the application of the maximum penalty." Furthermore, the rapporteur found that the author's supervisor was terminated at the same time, but without just cause. According to him, if the company really considered that the conduct was serious enough for dismissal for just cause, it should have applied it to the supervisor who coerced employees into making bundled sales.



Thus, the author's dismissal was declared unjustified and Atacadão was ordered to pay severance pay, salary differences and compensation for moral damages. Lawyer Claiton Tadeu Machado Bittencourt acted in the case .The Judgment by the STF on this matter, in extraordinary appeal SP , will guide how collective layoffs should proceed, including the possibility of modulating the effects, since the demand under analysis has the triggering event (mass dismissal) prior to the labor reform . Therefore, we argue that the union's intervention is necessary in the prior negotiations for the process of collective layoffs, ensuring that the layoff has less drastic effects on the community that will be affected and also guaranteeing better conditions for the employer that needs the measure.In order to standardize such parameters, it was urgent to standardize the published regulations by the various courts. In this sense, Resolution nº , of of the Superior Council of Labor Justice stands out, which, in the specific scope of Labor Justice, regulated the use of the system and defined uniform treatment for several issues involving the PJe-JT, a matter currently regulated by CSJT Resolution No. The National Council of Justice also published, on  Resolution No. , with content very similar to that adopted in this Specialized Court.

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