Court Upholds Just Cause for Employee Who Presented Certificate and Went to Water Park

“This is a dishonest act,” the judge said in his ruling.

Depending on the severity of the employee’s conduct, termination of the contract for just cause is justified without the need to apply a gradation of sanctions. With this assumption, the decision issued by the 10th Labor Court of Guarulhos-SP confirmed the serious conduct of the worker who presented a medical certificate at work and went to the water park.

In October 2023, the man informed his employer, via a certificate, that he was having abdominal and pelvic pain. On the same date, according to images taken from social networks and collected by the company in the trial, the employee was in a water park, a fact confirmed by the worker himself in testimony.

The professional claims, however, that there was no gradation of sanctions nor proportionality between the dismissal for just cause and the unlawful act.

Judge Mateus Brandão Pereira stressed, in the ruling, that the jurisprudence of the Superior Labor Court includes that the seriousness of the employee’s behavior can justify the failure to apply the sanctions of warning and suspension when there is a breach of the relationship of trust to be maintained by the employment contract.

“The fait accompli is extremely serious, considering that, by being paid for the day by presenting a medical certificate, the defendant was the one who indirectly financed the water park. This is a dishonest act that definitively breaks the trust of the employment relationship,” the judge stated.

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Source: Terra

Rose

Rose James is a Gossipify movie and series reviewer known for her in-depth analysis and unique perspective on the latest releases. With a background in film studies, she provides engaging and informative reviews, and keeps readers up to date with industry trends and emerging talents.