A former employee of Lojas Americanas was dismissed with cause due to several delays and unjustified absences from work. The sentence of the lower court judge, Sonia Maria Martinez Tomaz Braga, of the 42th Labor Court of Rio de Janeiro, was confirmed by the 1st Panel of the Regional Labor Court of Rio de Janeiro (TRT-RJ), which concluded for the occurrence of negligence, one of the reasons listed in the Consolidated Labor Laws (CLT) which authorize the termination of the employment agreement by the employer.
According to the reporting judge of the appeal, superior court judge Gustavo Tadeu Alkmim, the evidence in the case records showed lateness and misconduct of the former employee not always justified by medical certificates. The testimonies of the witnesses were also not favorable to the claimant's argument.
The reporting judge also noted that the behavior of the claimant, already punished with warnings and suspensions at least in the three last years of the employment contract, is compatible with the dismissal with cause, reason why the sentence was upheld.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.