‎Brazil News

 

The witness confirmed that a man offered a package of food as a gift for International Women's Day to at least four employees.

 

TRT of the 9th region maintained  the dismissal for just cause against a  commercial manager who  offered dog food to employees as a gift for International Women's Day. 2nd panel understood that the former worker's conduct was discriminatory and prejudiced.

 

The former manager filed a lawsuit asking for recognition of the employment relationship, as he was hired as a legal entity. He also asked for the reversal of just cause. The lower court judge recognized the employment relationship from August 2020 to February 2021.

 

 

 

Manager who gave food to employees was dismissed for just cause confirmed by the Labor Court, 

As for just cause, the burden of proof was on the company, which presented a video file in the process and brought a witness to the facts. In the video, the former manager appears entering the company with a package of dog food.

 

The witness confirmed that the author of the action offered that food package as a gift for International Women's Day to a group of at least four employees. The author, in turn, did not provide any evidence to the contrary.

 

The sentence confirmed the just cause and was didactic in explaining the presence of three factors for the application of punishment: severity of the fact, timeliness and immediacy . "The victims understood the act as an insinuation that they were 'bitches'" , stated in the first degree decision. The case was processed in the 17th Labor Court of Curitiba/PR.

 

The author also tried to modify the decision through an appeal, judged by the 2nd panel, which  confirmed the sentence and also accepted the company's appeal, which did not have to pay proportional holidays or proportional 13th salary. 

 

"There is an urgent need to confront structural hierarchies that, usually, assign the female figure a marginalized role in society in general and in the work environment itself. All of this is a reflection of structural machismo, prejudice against women is the cause of acts and gender discriminatory conduct, such as that practiced by the complainant", stated the case's rapporteur, judge 

Still in the decision, the judge highlighted Ordinance 27/21 , from the CNJ, which provides for the "Protocol for trial with a gender perspective 2021". This Protocol is a guide in search of impartial judgments, in which structural differences and inequalities between men and women must be taken into account.

 

"It is a fundamental procedure to eliminate all forms of discrimination against women. The purpose is to suppress stereotypes and, above all, ensure that the Justice system takes into account the 'issue of credibility and the weight given to voices, to arguments and testimonies of women, as parties and witnesses.'"