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TRT-2 Confirms That the Worker Was Dismissed for Just Cause for Violating Basic Conduct Rules by Using the Women’s Bathroom with the Door Locked and the Light Off, Causing Real Embarrassment to a Female Colleague.
An access controller was dismissed for just cause after being caught inside the company’s women’s bathroom, with the door locked, lights off, and the smell of cigarette smoke in the air. The case reached the Regional Labor Court of the 2nd Region (TRT-2), which decided to uphold the maximum penalty, understanding that the conduct exceeded any limit of tolerance and violated the privacy and safety rights of another worker.
In the lawsuit, the employee tried to overturn the dismissal, claiming that he only entered the women’s bathroom because he had no privacy in the men’s bathroom, as the doors supposedly did not have locks.
Nonetheless, the judges believed that this justification did not support reversing the decision, especially since there was another men’s bathroom in perfect condition at the entrance.
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For TRT-2, the entire context of the incident made it clear that the company had serious reasons to consider the controller dismissed for just cause.
Using the Women’s Bathroom Became a Case of Justice
The episode began when a female colleague, who had a copy of the women’s bathroom key, entered the location and found the access controller inside. According to her testimony, there was a strong smell of cigarette smoke in the environment.
The situation generated evident embarrassment, as the bathroom was intended exclusively for women, and the presence of a man there, with the door locked and the light off, was seen as a direct violation of the intimacy and sense of security of the female workers.
In the lawsuit, the worker acknowledged that he entered the women’s locker room but stated that he did so because the men’s bathroom did not offer locks on the doors, which would compromise his privacy. The defense tried to portray the incident as a one-time act with insufficient gravity to justify that he be dismissed for just cause.
Why TRT-2 Upheld the Worker Dismissed for Just Cause
The reporter of the case, Judge Dulce Maria Soler Gomes Rijo, highlighted that it was not proven that the locks on the men’s bathroom were broken. There was also no substantial evidence in the records that the employee had approached the company to formally complain about the alleged lack of privacy before the incident.
Furthermore, she emphasized that there was another men’s bathroom in perfect condition at the entrance, which could have been used normally.
In other words, even if there was discomfort in one of the bathrooms, the controller had an alternative within the workplace itself, without needing to enter the space reserved for women.
For TRT-2, the manner in which everything happened was decisive: the controller was using the women’s bathroom of the locker room, with the door locked and the lights off, which indicated an attempt to hide.
In this scenario, the colleague’s embarrassment and the breach of trust were considered sufficient elements to recognize that he was correctly dismissed for just cause.
Separate Bathrooms and Protection of Privacy at Work
The decision also reinforced an important point: the separation of bathrooms by gender is not a mere formality, but a measure to protect the privacy and safety of users.
According to the reporter, this division exists precisely so that workers feel safe when using the space, without fear of invasion, undue exposure, or situations of embarrassment.
When an employee disrespects this basic rule of conduct, the company can indeed view the behavior as serious, especially if there is a direct impact on the dignity of another person.
In this specific case, the fact that the colleague entered the bathroom with the key, believing she was in a space reserved for women, and found a man there under suspicious circumstances, was considered a legitimate shock that violated her trust in the workplace.
Just Cause Is Not Any Punishment
Being dismissed for just cause is the harshest penalty that labor legislation provides for the employee. It should only be applied when there is serious misconduct, breach of trust, or behavior that makes it impossible to continue the employment relationship.
In this judgment, the 14th Panel of TRT-2 determined that the controller’s conduct exactly fit this scenario. By using the women’s bathroom inappropriately, he violated internal coexistence rules and exposed a colleague to unjustifiable embarrassment.
The judges emphasized that just cause does not depend solely on a written internal regulation, but also on minimum rules of respect, ethics, and common sense within the workplace.
Lessons for Workers and Companies
For workers, the case serves as a warning: using company facilities in a manner incompatible with their purpose can lead to serious consequences.
Generic claims, such as “lack of privacy” or “it was just once,” are not enough to dismiss a just cause when there is a violation of colleagues’ privacy or clear breach of trust.
For companies, the decision shows that it is possible to maintain an employee dismissed for just cause when there is clear evidence of inappropriate behavior, especially if it causes embarrassment or a sense of insecurity among other employees.
Having well-documented records, testimonies, and reports is essential to uphold this type of measure in court.
Ultimately, the message from TRT-2 is clear: basic rules of coexistence at work are not optional, and disrespecting them can indeed cost one’s job and all the rights typical of a dismissal without just cause.
And you, do you think the controller was rightly dismissed for just cause or did the company overreact in the punishment?
With information from Legal Consultant
Eu concordo plenamente com a demissão! Onde já se viu disso? Foi pra lá fumar cigarro e quem sabe mais fazer o quê?
Kkkk se fosse o contrário DUVIDO que essa moça que entrou no banheiro seria punida.DUVIDO.
Dúvida???
Se fosse o contrário duvido que essa moça que entrou no banheiro seria demitida.DUVIDOO