Mariana Saroa de Souza
Lawyer at Marcos Martins Advogados
An employee with provisional stability was dismissed for just cause after committing several absences, which were progressively punished. The just cause applied by the company was confirmed by the court that heard the case.
The employee, who had provisional stability because he was a member of CIPA, was dismissed by the company for just cause and filed a labor claim to reverse the dismissal, arguing that it had been wrongly applied. At first instance, the worker was found to be in the right, as the court found that the company had not proven that the penalty had been applied.
However, the 3rd Panel of the TRT of the 7th Region overturned the sentence, considering that the company had applied just cause, since it had been proven that the employee had a history of absences and had been involved in several incidents during the term of the employment contract. The rapporteur of the case emphasized that just cause involves a serious breach of contractual duties, requiring robust and unequivocal proof for it to be established.
In this case, despite the employee’s provisional stability, it was proven that he had been involved in a number of incidents and accidents in his employment history, caused by non-compliance with company rules and procedures, situations that were also proven by witness evidence, as a result of which he was given various penalties consisting of warnings and suspension.
The decision was therefore overturned, validating the dismissal for just cause of the employee with provisional stability.
