‎Brazil News

 

 

 

Company that forced elderly employee to take time off must pay compensation

For the judge, the attitude reveals the institution's assumption that, as the person is elderly, they would not be able to adapt to virtual sales technology.

From the Editors

 

Monday, December 19, 2022

 

Updated at 09:23

 

A saleswoman for the Via SA retail chain, which manages stores such as Casas Bahia, Ponto and the Extra e-commerce site, is to receive compensation for moral and material damages due to forced idleness due to her age. In a decision handed down by the 8th Labor Court of the South Zone of São Paulo/SP, substitute judge Yara Campos considered the attitude clearly discriminatory .

 

The incident occurred during the COVID-19 pandemic, when employees at the establishment were removed from on-site activities and began working from home. According to the employee's testimony, the company did not authorize the employee to provide services remotely, claiming that she was not capable of adapting to this system ,they didn't even let her try .

 

Unhappy with the impossibility of performing her duties both in the physical store and online, the professional questioned the company's decision and they said it was because of her age . And, even though she had presented a medical certificate stating that she would be fit to work in person, she was not authorized to perform services in the store. At the time, she was also not granted home office.

 

 

Idleness imposed on elderly worker results in compensation. 

For the judge, this attitude reveals the institution's assumption that, as the person is elderly, they would not be able to adapt to virtual sales technology.

 

In her decision, the judge explained that elderly people, especially women, " are given the stereotype of being incapable of handling technological devices, and it is also true that this group is often discredited in their productive capacity ." She also pointed out that the practical effect of this "is discrimination which, in the case of elderly people, is also called ageism."

 

As a result, compensation for moral damages was set at R$15,000 and, considering that forced idleness deprived the employee of receiving sales commissions, compensation for material damages was determined corresponding to the difference between the minimum wage paid and the woman's average salary in the 12 months prior to the contractual suspension resulting from the pandemic.

 

An appeal is possible.

 

 link: https://www.migalhas.com.br/quentes/378855/empresa-que-impos-ocio-forcado-a-empregada-idosa-devera-indeniza-la