Sibele de Oliveira Pimenta
Lawyer at Marcos Martins Advogados
The TRT of the 15th Region upheld the ordinary appeal of a company undergoing judicial reorganization to dismiss the stability claim and rule out the right to a provisional job guarantee for a CIPA member who was dismissed after the sale of the UPI – Isolated Production Unit.
In its decision, the 2nd Panel of the TRT of the 15th Region held that the sale of the UPI resulted in the closure of the company’s activities, thus ruling out the right to a provisional guarantee of employment for a CIPA member, in accordance with TST Precedent No. 339, item II.
The plaintiff had been reinstated by a first instance decision that had anticipated the effects of the injunction, receiving wages while the process continued as normal, even though there was no actual provision of services during the period. However, in accordance with the approved recovery plan, the employer had sold its plant and no longer had any jobs, and with the sale of the UPI, the activities at the site where the plaintiff worked were effectively closed down.
Given that the stability of the safety officer is provisional, the court upheld the employer’s appeal, dismissing the conviction for the labor sums corresponding to the period between dismissal and reinstatement.
The court also dismissed the worker’s appeal for compensation for alleged discriminatory dismissal, ruling that the case was totally unfounded.
The company was represented by the Marcos Martins labor team.
