Dismissing a worker who refuses to give up work is an abusive attitude that generates compensation. With this understanding, the 6th Panel of the Regional Labor Court of the 9th Region (PR) determined the reinstatement of a physiotherapist in Maringá and the payment of R $ 10,000 in compensation for moral damages.

The worker was dismissed after refusing to give up the labor action she had filed against a client of the company. For the judges, the dismissal of the employee was abusive and discriminatory, making evident the moral damage resulting from the conduct of the employer.

For the magistrates who analyzed the case, there was no doubt that the dismissal was in retaliation for filing a lawsuit against the company’s client, since the issue became a “commercial” problem for the employer.

“The unlawful act practiced by the defendants is blatant, consubstantiated in the psychological pressure exerted in order for the author to give up her constitutional right of action. The damages to her off-balance-sheet sphere also arise from the gravity of the fact and are unequivocal, given anguish and the author’s indignation because she is being forced to give up her right, under penalty of being dismissed, “stated in the ruling of the 6th Panel, the report of Sueli Gil El Rafihi.

The judges also observed that “discriminatory or arbitrary / abusive waiver is undoubtedly the genesis of compensable moral damages, since it is contrary to the order, not only with regard to labor standards but violates principles fundamental, strictly linked to the dignity of the human person. ” With information from the Press Office of TRT-9.

Source: ConJur