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TRT-3 considered the company's delay in removing the offenses as an omission, resulting in a decision in favor of the worker.

From the Editors

 

Monday, January 27, 2025

 

Updated at 08:24

 

To shareAn industrial assistant will be compensated R$5,000 for moral damages after having his name and that of his family exposed in an offensive manner on the company's bathroom door.

 

The 1st panel of the Regional Labor Court of the 4th region understood that the company took about four days to remove the injurious inscriptions, demonstrating a failure to ensure an adequate work environment.

 

The written insults arose after the worker got into a disagreement with colleagues, which resulted in his suspension for two days. Upon becoming aware of the messages, the assistant informed the company.

 

 

 

Industrial assistant was offended by messages written on bathroom door. (Image: Adobe Stock)

According to the worker and a witness, the employer took approximately four days to erase the inscriptions, which were in a bathroom used by around one hundred employees.

 

The first instance ruling found that the offenses were eliminated by the company within a reasonable period of time, and did not constitute a morally harmful omission. Dissatisfied, the worker appealed to the TRT-RS, seeking to have the decision overturned.

 

According to the judge Edson Pecis Lerrer, rapporteur of the case, moral damage is presumed, given the offensive content of the messages and the place of great circulation where they were displayed.

 

In the 1st panel, Judge Edson Pecis Lerrer highlighted that the verbal abuse directed at the employee and his family, in a place with a lot of traffic, resulted in presumed moral damages. Regarding the employer's conduct, the rapporteur considered that the four-day delay in removing the messages was unjustifiable.

 

According to him, considering the high number of employees who access the bathroom in which the insults were written, and given the seriousness of the offensive content written, it does not seem in the least reasonable that the defendant only became aware of what had happened after 4 days had passed.

 

Compensation was set at R$5,000, considering the severity of the offense, the financial conditions of the parties and the punitive and preventive nature, with the aim of discouraging the repetition of similar behavior.

 

The court did not release the case number.

 

With information from TRT-3.

 

 link: https://www.migalhas.com.br/quentes/423497/ajudante-industrial-sera-indenizado-apos-ofensa-em-banheiro-de-empresa