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iFood fined for appointing hospitalized representative at hearing

Judge considered the platform's attitude as bad faith litigation and imposed a fine of R$25.2 thousand.

From the Editors

 

Thursday, December 19, 2024

 

Updated at 11:23

 

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The iFood platform was fined R$25.2 thousand for bad faith litigation after attempting to subject a hospitalized worker to virtual testimony, in a hearing conducted by Labor Judge Tatiane Raquel Bastos Buquera, of the 1st Court of Foz do Iguaçu/PR.

 

The incident occurred on December 5th, when the company's employee, upon entering the virtual room, was filmed in a hospital environment.

 

When asked about the condition of the worker, who was hospitalized, the company's lawyer stated that "he was in a condition to do so", but the judge decided to interrupt the hearing.

 

See the moment:

 

 

 

Court decision

 

In a decision published this Wednesday, the 18th, the judge described IFood's attitude as "bad faith litigation" and ordered the application of a fine of R$25.2 thousand to be allocated to the  FAT -  Workers' Support Fund.

 

The judge highlighted that the company's stance constitutes reckless conduct in the process, violates the employee's dignity as a worker and human being, and that the platform had the possibility of replacing the employee to avoid the hearing's wear and tear.

 

Furthermore, the judge ordered that a letter be sent to the MPT with a copy of the video of the hearing so that measures could be taken.

 

On the merits, the judge recognized the employment relationship between the delivery person and the commercial establishment in Foz do Iguaçu, with IFood held subsidiarily liable for labor credits.

 

The period of work, between August 2022 and February 2024, will be recorded in the Work Record, with severance pay for dismissal without just cause.

 

The decision also included the recognition of overtime, breaks and night shifts, in addition to considering the activity as dangerous, with the payment of an additional 30%. However, the claim for moral damages was rejected.

 

Other cases

 

This is not the only case involving parties located in a hospital setting during a court hearing. In 2020, a lawyer hospitalized with severe lung injuries asked the judge to postpone a court hearing. 

 

The request was denied , with the judge citing difficulties with the subpoenas and the CNJ's targets for judgment.

 

 

In 2021, a judge denied a request to postpone a hearing made by a lawyer who had contracted Covid-19. The judge emphasized, at the beginning of the session, that the lawyer was participating voluntarily, since other professionals were qualified to represent the client.

 

The lawyer, therefore, followed the hearing from his hospital bed.

 

 

Secret of Justice

 

After the publication of the report, at the company's request, the proceedings were placed under judicial secrecy. The content was previously published on the TRT-9 website.

 

 link: https://www.migalhas.com.br/quentes/421909/ifood-e-multada-por-designar-representante-hospitalizado-em-audiencia