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Judge In Belo Horizonte Rules Against Laboratory For Bullying, Recognizes Occupational Link And Grants Substitutive Compensation With Temporary Stability Of 12 Months
A court decision in Belo Horizonte condemned a network of laboratories to compensate a former employee for moral damages due to bullying practiced in the workplace.
The case was analyzed by Judge Cristiana Soares Campos from the 28th Labor Court of the capital of Minas Gerais, who also recognized the right to substitutive compensation for temporary stability arising from an occupational disease.
Reports Of Humiliation In The Workplace
The worker stated in the lawsuit that she had Attention Deficit Hyperactivity Disorder (ADHD). According to her, the intense routine combined with the limitations of the disorder caused anxiety crises, which evolved into a more severe psychiatric condition.
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She also mentioned being the target of bullying from colleagues, who called her “slow” and “naive.” At one point, she was subjected to a kind of “award,” receiving a trophy for being considered “the slowest employee in the department.”
This behavior was noted as systematic and repeated, intensifying the attendant’s suffering.
Company Defense And Evidence Presented
The company disputed the facts, arguing that there was no link between the work performed and the diagnosed disease. It also denied that there were practices of moral harassment in the workplace.
However, the judge highlighted documents attached to the case that confirmed the occurrence of “rankings” among employees and the delivery of trophies in a mocking tone.
A medical expert reinforced the accusation. The report indicated that the plaintiff developed multifactorial anxious-depressive disorder, triggered and worsened by occupational stressors.
The expert stated that the bullying played a decisive role in the evolution of the clinical picture.
The result of the examination concluded that the intensity of the psychological aggression required a medical leave of three months.
Witnesses And Omission Of Management
The witness testimony also confirmed the incidents of psychological violence. The employee’s supervisor stated that he was aware of the situations, but no effective measures were taken.
For the magistrate, the employer should have used disciplinary mechanisms provided for in labor law, such as suspension or dismissal for just cause, to stop the abusive practices.
According to the decision, the company’s omission directly contributed to the worsening of the employee’s illness, making it responsible for the damages.
Legal Basis And Reference To TST Protocol
The sentence cited the Protocol for Action and Judgment with Antidiscrimination, Intersectional, and Inclusive Perspective, created by the Superior Labor Court in August 2024.
This document defines psychological violence as any conduct that causes emotional harm, reduces self-esteem, or aims to control behaviors, beliefs, and decisions.
The text also mentions examples such as gossip, excessive pressure, and injurious management.
The judge emphasized that the attendant’s situation fit within these parameters.
Stability And Compensation
In addition to compensation for moral damages, the sentence recognized the right to temporary stability of 12 months, in accordance with Article 118 of Law No. 8,213/1991.
Since the employee had already been dismissed, the ruling included the payment of substitutive compensation and severance pay.
Initially, the compensation for moral damages was set at R$ 50,000. Later, on appeal, the amount was reduced to R$ 20,000 by the Regional Labor Court of Minas Gerais (TRT-MG).
The court considered criteria such as the extent of the damage, the economic condition of the parties, and the jurisprudence of similar cases.
Path To The TST
A new appeal was filed and the case moved to the Superior Labor Court. The goal was to discuss the value and parameters of the ruling again.
The decision reinforces that when the employer ignores abusive practices in the workplace, they assume the risk of being held accountable.
Therefore, the case highlights how failures in preventing and combating psychological violence can lead to severe rulings.
Additionally, it demonstrates the relevance of the Labor Justice system in protecting the dignity of employees, especially in situations involving occupational diseases and repeated discrimination.
With information from O Tempo.
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