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Decision of the 4th Chamber of the Regional Labor Court of the 15th Region Recognized That the Termination Conducted by Video Call Within the Company, Even with the Employee Present on Site, Was Discriminatory and Offensive, Creating a Controversial Precedent for Future Cases
The case involved a treasurer from the sugar-alcohol and energy sector who dedicated more than 20 years of his professional life to the same company. On the day of his termination, he was called to a room in the unit to participate in a virtual meeting with his coordinator, who was working from home. During the video call, the employee received the news of his dismissal and shortly after had to return to his desk to collect his belongings, a situation that was considered embarrassing by the collegiate.
Witnesses confirmed that the worker was physically present at the company and that no other termination had been conducted virtually. The unusual method chosen to communicate the dismissal weighed in the judgment.
Company’s Arguments and Court Decision
The company tried to justify the decision by alleging security reasons related to the Covid-19 pandemic, arguing that the employee would not be physically present at the headquarters during the meeting.
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However, this version was contradicted in the records.
At the first instance, the request for damages had been denied, on the grounds that there was no evident abuse in the company’s conduct.
But, when judging the appeal, the judge Mari Angela Pelegrini emphasized that the choice of the remote format, in such a specific case, was discriminatory and disrespectful given the long trajectory of the professional, who held a position of trust in a sensitive sector.
The Precedent Established by the TRT-15
According to the ruling, even though virtual communication is not prohibited by law, the chosen method, combined with the case circumstances, constituted sufficient embarrassment to characterize moral damage.
The amount of the compensation was set at R$ 1,000 per year of service rendered, totaling R$ 22,000.
This understanding creates an important precedent: the manner in which the termination is conducted can, in itself, generate liability for moral damages, even if the termination is the employer’s right.
According to experts, decisions like this tend to broaden the discussion about best practices in employee dismissals and the limits of technology use in labor relations.
Impact on Companies and Workers
The decision raises a warning for companies that have begun to adopt virtual communications in their internal processes.
Although video calls are acceptable in many situations, the inappropriate use of this resource, especially in delicate terminations, can be interpreted as a lack of respect or discrimination.
For workers, the case reinforces the importance of seeking justice when there are indications that the termination method exceeded the limits of legality and common sense.
The compensation amount, calculated proportionally to the length of service, also serves as a parameter for similar cases.
The TRT-15’s decision regarding the termination conducted by video call sparks a debate about dignity in the workplace and may influence other judgments.
More than just the termination itself, the court assessed how it was conducted, recognizing that respect and humanity must be present at all moments of the labor relationship.
And you, what do you think? Did the court err in considering the video call embarrassing in this context, or should the company have the freedom to choose the communication method? Leave your opinion in the comments — we want to hear from those who have experienced or witnessed similar situations.
Decisão rid_ícula. A justiça trabalhista cada dia se esforçando mais para acabar com as empresas ou encarecer o custo laboral. Depois não reclamem se são substituídos por máquinas ou IA.