The value of compensation for moral damages was set at R$ 20,700

The judges of the 5th Panel of the Regional Labor Court of the 4th Region, in Rio Grande do Sul, recognized the nullity of the dismissal for just cause of an alcohol-dependent postman and decided that he should receive compensation for the ‘discriminatory nature’ of his dismissal. The value of compensation for moral damages was set at R$20,700.

Estadão asked Correios for a statement. The space is open.

The court considered that ‘the delay in activating the administrative process to investigate the serious misconduct implied tacit forgiveness of the misconduct committed by the employee’.

The magistrates understood that the dismissal was discriminatory, due to the postman being dependent. The collegiate’s decision upheld the sentence of judge Milena Ody, from the 3rd Labor Court of Caxias do Sul.

During the contract, the postman’s ex-wife formalized a complaint against him, accusing him of retaining mail and tampering with correspondence.

In November 2016, administrative proceedings were initiated to investigate the accusation. The PAD was archived in July 2017, due to the worker’s resignation. However, in a labor action, the postman obtained recognition of the nullity of his dismissal request and his reinstatement, on the grounds that at the time he was undergoing treatment for alcoholism and had ‘mental confusion’. He was reinstated in July 2018.

Approximately one year after the worker’s reinstatement, the EBCT reopened the investigation into the ex-wife’s complaint and concluded that it was ‘incontinence of conduct or bad behavior and insubordination’ – article 482, paragraphs beh, of the CLT. The postman was fired, for just cause, in July 2019

The first degree sentence pointed out that ‘the employer’s delay in reactivating the PAD violates the requirement of immediacy in dismissal for just cause, and constitutes tacit forgiveness’. Along these lines, the court considered the termination null and void and ordered the reinstatement of the postman, ordering EBCT to pay the salaries and other installments for the entire period between the motivated dismissal and reinstatement to employment.

The TRT-4 also granted the postman compensation for moral damages as a result of the ‘discriminatory’ dismissal, because it was based on the employee’s alcoholism.

The parties appealed to the TRT-RS. For the rapporteur of the case in the 5th Panel, judge Cláudio Antônio Cassou Barbosa, the ‘serious lack of retention of mail and violation of correspondence was not sufficiently proven’.

Furthermore, according to Barbosa, ‘alcoholism is a disease that can arouse stigma or prejudice, as it is a serious health problem, which imposes restrictions and work limitations, and whose treatment must be constant’.

“I understand that the moral damage caused is evident, insofar as the act that gave rise to the administrative disciplinary process was brought to light with the clear intention of terminating the complainant’s employment contract, which notably demonstrates that he was being the victim of an act discriminatory due to his illness”, concluded the judge.

According to information released by the TRT-4 Communication Secretariat, the judges understood that Law No. 9,029/1995 was applicable to the case, which prohibits the adoption of discriminatory practices for access to the employment relationship.

The judges considered applicable the understanding of Summary nº 443 of the Superior Labor Court, which presumes that the dismissal of an employee with a serious illness that gives rise to stigma or prejudice is discriminatory.

In a unanimous decision, the first degree sentence was upheld, including regarding the amount of compensation for moral damages.

Judges Vânia Mattos and Rejane Souza Pedra also participated in the trial. The parties appealed the ruling to the TST.

WITH THE WORD, THE POST OFFICE

Estadão asked Correios for a statement. The space is open.