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Just Cause
TRT-5 upholds analyst's just cause for playing Uno during work hours
The decision, which cannot be appealed, highlights the seriousness of the conduct and the lack of trust in the working relationship.
From the Editors
The 5th panel of the TRT of the 5th region upheld a ruling that recognized the just cause applied to a data analyst caught playing UNO, a card game, during working hours.
The decision, which cannot be appealed, reinforces that the conduct justified the maximum penalty provided for in the CLT.
Data analyst from Salvador has just cause upheld for playing UNO during work hours. (Image: Bravo Jogos)
The case
The sentence was handed down by Labor Judge Cassio Meyer Barbuda, head of the 10th court of Salvador/BA, who had already validated the just cause.
The judge emphasized that the company presented clear evidence of the misconduct and that milder measures would be insufficient to correct the behavior.
The repeated practice of playing cards at work compromised the trust essential to the employment relationship, the judge pointed out.
The worker appealed, claiming that the incident was isolated and that he had not received any previous warnings. He also claimed that the punishment was disproportionate and that the company tolerated gambling during working hours.
In 2nd instance
The rapporteur, judge Tânia Magnani, pointed out the existence of robust evidence of negligent conduct, with records of gambling on December 22 and 29, 2023.
The evidence shows that the worker did not fulfill his contractual obligations, demonstrating gross negligence ,he highlighted.
The records included security videos and witness statements corroborating the facts.
The judge stated that the decision considered the proportionality between the infraction and the penalty applied.
The company acted immediately, and it was clear that the worker's conduct compromised the trust necessary for the employment relationship. The just cause was reasonable and proportionate, said the rapporteur, denying the appeal.
With the decision, the worker loses the right to severance pay such as advance notice, proportional 13th salary and FGTS withdrawal with a 40% fine.
Case : 0000076-91.2024.5.05.0010
link: https://www.migalhas.com.br/quentes/421194/trt-5-mantem-justa-causa-de-analista-por-jogar-uno-durante-expediente
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ALESSANDRO ALVES JACOB
Mr. Alessandro Jacob speaking about Brazilian Law on "International Bar Association" conferenceMemberships:
Brazilian Bar Association/RJ-128.041
International Bar Association-1008212
American Bar Association-01537008
Union Internacionale des Avocats-MI021876
Creci/RJ-43.190
International Bar Association-1008212
American Bar Association-01537008
Union Internacionale des Avocats-MI021876
Creci/RJ-43.190
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