The 6th Panel of the Regional Labor Court of the 3rd Region (TRT-MG) classified as arbitrary, abusive and unethical the behavior of a company that, contrary to the conclusion of the expertise pension, did not allow the employee to return to work.
The judges granted in part the appeal of the claimant in order to sentence the defendant to the payment of wages of the period and moral damages.
The employee alleged that after suffering a motorcycle accident and be absent from work receiving illness aid for a period, he was discharged from the INSS, but was forbidden to restart his activities since the company's doctor deemed him unfit for work.
The decision of the lower court judge denied the applications of the claimant of wages and moral damages, which was reversed in the 2nd instance.
According to the reporting judge, it was the employee himself who presented the medical certificate of his doctor to the company, which correctly forwarded him to the INSS. However, the defendant had knowledge of the new decision which rejected the forwarding.
Also according to the reporting judge, thereafter the defendant had the obligation to make arrangements for the employee to retake his activities on the company even performing other duties, since the repeated negative of the company to the conclusion of the INSS sets abuse of rights of the employer since it could not let the employee without receiving wages or the benefit of the INSS for so long.
Finally, the reporting judge stated that there was offense to the dignity rights of the employee in an abusive way and that affronts the Federal Constitution. He also emphasized that the conclusion of the INSS, which considered the employee able for work, should prevail because the acts of the INSS are endowed with public faith.
The company should have readapted the claimant in order to perform duties compatible with his health and not simply forbid his return to work. Therefore, the superior court judge sentenced the defendant to the payment of salaries of the period in which the employee was forbidden to return to work, including vacation, 13th salaries and FGTS with penalty of 40%. Furthermore, the defendant was ordered to pay moral damages in the amount of R$ 5,000.00.
Case No. ED 0001420-75.2011.5.03.0089
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