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A maintained the dismissal for just cause of a security guard who participated in a barbecue while he was away on medical leave. The decision was taken by the 2nd Panel of the Regional Labor Court of the 18th Region (TRT-18).
The case gained repercussion after the worker published a photo on social media during lunch at his father-in-law’s house, during a period when he should have been resting on medical advice. In the caption, he mentioned participating in the family meeting.
According to the process, the security guard presented a certificate of sinusitis and an allergic reaction. After returning to work, he was fired for just cause, which led to his going to court to try to reverse the penalty.
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In the first instance, the request was denied by the 4th Labor Court of . The worker appealed, but the decision was upheld by the courts.
When analyzing the case, the rapporteur, judge Daniel Viana Júnior, understood that the conduct was incompatible with the state of convalescence indicated in the medical certificate. For the judge, there was a breach of trust necessary for the continuity of the working relationship.
The board also highlighted that participation in a social event during the period of absence constitutes irregular behavior, sufficient to justify contractual termination for just cause.
The decision was unanimous, although there is still an appeal.
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