A kind of “elimination wall” was implemented to determine which employee would be fired from a company in Ciara, something that the labor court eventually found guilty of. The former sales consultant chosen by colleagues to vote to leave two companies in the tourism sector taking part in this measure. You should now receive compensation for pain and suffering, in addition to termination payments. The total sum of the award is around R $ 14,000. Appeal against Judge Ni Fraga Filho’s decision of the 16th Labor Court in Fortaleza. The information was released by the Ciara Labor Court on Monday, 24th, despite the ruling issued earlier this month.
According to the prosecutor, the resignation took place after a measure inspired by the “wall of eliminating Big Brother Brazil”. The former employee said the team was forced to take part in a vote and provide a justification for firing a particular coworker. She ended up being the most voted out and claimed to be depressed and traumatized by the episode.
The former employee added that she was fired a little over a month after her admission, without getting the work money she was owed. She also mentioned that her boss treated her in an embarrassing way. According to the former collaborator, the manager restricted trips to the restroom, as well as food for staff.
According to the court, one of the witnesses confirmed that he was dismissed in the same way. In the face of documentary evidence and testimonies, Judge Ni Fraga acknowledged that moral harassment occurred.
“After serving between 5 and 6 clients, the manager got everyone together and took them to the waiting room, claiming that they weren’t making any sales and were only interested in eating; he told that at that very moment he was going to make Big Brother and had a salesperson and a zipper pick out the vote. To leave the team; that at that moment the deputy was embarrassed and refused to vote, “the judge recorded the reasons for the ruling.
The labor lawsuit in question was against Somos Case Gestão de Timeshare e Multipructedade and MVC Férias e Empreendimentos Turísticos e Hotelaria.
The defense of the aforementioned first person denied the work relationship with the former employee, as well as any provision of services, and demanded that the requests be rejected completely and that the plaintiff be convicted of a litigation fine in bad faith. On the other hand, the second company claimed that there was no legal relationship with the seller, claiming that its real employer was also.
The ruling decided to comply with workers’ rights: job card explanation, pay notice, thirteenth paycheck, vacation, overtime, paid weekly rest, fine, FGTS and compensation for pain and suffering.
“The hypothesis of harassment by the superior, which resulted in compensable moral harm, was substantiated in the records without any doubt. The judge said that the evidence was overwhelming in asserting that the plaintiff was dismissed through a wall the president had made, exposing the plaintiff to an extremely insulting and degrading position in the presence of staff. Others. “
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