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Discrimination

 
Company to pay compensation for unfair dismissal of depressed employee
Expert report found that the worker's health was weakened due to hostilities he suffered in the workplace.
From the Newsroom
 
Monday, January 6, 2025
 
A men's underwear company was ordered to pay R$10,000 in compensation for unfair dismissal of a former employee who claimed to have been the victim of moral harassment and homophobia in the workplace. The decision was made by substitute Labor Judge Marcelle Coelho da Silva, of the 5th Labor Court of SP, upon recognizing that the worker's health was weakened at the time of his dismissal, due to a fact related to the hostile work environment he faced.
 
The young man worked as a fabric proofreader and reported embarrassing and discriminatory situations that culminated in a mixed anxiety disorder and excoriation disorder, identified in a judicial expert report as occupational diseases with a direct causal link to his activities at the company. Despite this, the company contested the claims for compensation for moral and material damages, arguing that it had taken appropriate measures after the complaints.
 
The judge, however, ruled that the company's actions did not exempt it from liability for the worker's health condition, resulting in the company being ordered to pay compensation for the period of accident stability and compensation for moral damages due to the dismissal under a weakened health condition.
 
The case is being held confidential.
 
Case: 1001256-70.2024.5.02.0605
 
Company will pay compensation for unfair dismissal of depressed employee. (Image: Freepik)
Criminal complaint
 
The case had repercussions in the ordinary courts, when the company sued the former employee for defamation in a criminal proceeding, accusing him of damaging its image through posts on social media.
 
However, the Criminal Appeals Panel of the TJ/SP upheld the rejection of the criminal complaint due to lack of adequate evidence. The decision emphasized the lack of sufficient evidence that the man intended to offend, in line with the right to freedom of expression and dismissing the accusations as a criminal act.
 
Case: 0005233-18.2024.8.26.9061
Read the decision.
 
 link: https://www.migalhas.com.br/quentes/422436/empresa-indenizara-por-dispensa-abusiva-de-funcionario-depressivo
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ALESSANDRO ALVES JACOB

Mr. Alessandro Jacob speaking about Brazilian Law on "International Bar Association" conference

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