The 5th Panel of the Regional Labor Court of the 3rd Region (TRT-3), in Minas Gerais, maintained the conviction of a company to indemnify a employee of R $ 20,000 for moral damages. The information was confirmed by CNN Brazil.
The decision acknowledged that the worker was the victim of bullying in the workplace, after receiving a “more slow trophy in the sector” in an internal contest promoted by colleagues.
The employee, a carrier of ADHD (Hyperactivity Care Deficit Disorder), reported that it was constantly called “Sedpel” and “gospel” by colleagues. The practice evolved to create an internal contest, which received a “slowness” trophy.
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Although he accepted the “joke” initially, she reported feeling embarrassment and anxiety seizures, even needing work removal. According to the lawsuit, the worker was afraid to speak out for fear of retaliation.
The court stressed that the central point of the conviction was not only bullying among colleagues, but especially the omission of the company, which did not take action after being informed of the situation. Negligence, according to the judges, contributed to the worsening of the anxious-depressive disorder of the employee, characterized as occupational disease.
What the company said
In its defense, the company denied the practice of harassment and contested the existence of occupational disease. He further claimed that he only became aware of the “jokes” after being cited in court and tried to frame the episode as “horizontal moral damage”, a situation in which psychological violence starts from colleagues of the same hierarchical level.
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The argument, however, was rejected by the court, which stressed that the company had a duty to adopt effective prevention and support for the employee. Medical reports and expertise confirmed the relationship between harassment and aggravation of the clinical condition.