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Court Decision Determines Reinstatement of Employee Dismissed Due to Depression and Anxiety After Dismissal During the INSS Leave Process, Reviving Debate on Labor Rights and Mental Health at Work
A recent decision by the Labor Court has once again brought to light the debate on labor rights, mental health, and worker protection in Brazil. The case involves the mining company Vale, which was judicially ordered to reinstate an employee who was dismissed while facing mental health issues, such as depression and anxiety, and was undergoing a leave process through the National Institute of Social Security (INSS).
The court ruling also included the immediate restoration of the employee’s health plan, reinforcing the understanding that the dismissal occurred at a time deemed inappropriate by labor legislation. The information was reported by “A Gazeta”, which had access to the details of the case and the grounds used by the court to support the decision.
The episode draws attention because it involves a large company in the mining sector and raises important discussions about dismissal during medical treatment, especially in cases related to mental health in the workplace.
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Court Understands That Dismissal Could Not Occur During Leave
According to the ruling of the Labor Court, the company could not continue with the dismissal process because the employee was in a situation of work incapacity. In this context, the legislation determines that the employment contract must be suspended while the medical leave lasts.
Vale even attempted to reverse the decision through a writ of security presented to the Regional Labor Court of the 17th Region (TRT-17). However, the appeal was unanimously denied in a ruling reported by federal labor judge Valério Soares Heringer on February 21, 2026.
According to the rapporteur’s understanding, the worker’s incapacity during the notice period prevents the effectiveness of the dismissal. Thus, the contract must remain suspended until the health condition is restored.
The court decision was based on clear grounds from Brazilian labor legislation, especially Article 476 of the Consolidation of Labor Laws (CLT) and Summary 371 of the Superior Labor Court (TST). Both provisions address the suspension of the employment contract when the employee is on leave due to incapacity.
Worker’s History and Granting of INSS Benefits
According to the case documents, the worker had been with the company for approximately 15 years. He stated that he began to experience mental health issues starting in 2023, facing symptoms related to depression and anxiety.
Even in this scenario, the company proceeded with a dismissal without just cause on March 7, 2025. However, a few days later, a decisive fact occurred for the outcome of the case.
Only eight days after the dismissal, still during the paid notice period, the INSS granted the employee sick leave due to work incapacity, with a duration expected to be three months.
This point was deemed essential in the ruling, as it indicated that the worker was already experiencing work incapacity at the time the dismissal was underway.
On the other hand, Vale argued in court that the termination examination had found the worker fit for work. The company also claimed that the granting of the social security benefit during the notice period could not annul the dismissal, but only postpone its effects.
Public Prosecutor’s Office Opinion Reinforced Decision
During the proceedings, the Public Prosecutor’s Office (MPT) also expressed support for the employee.
According to the opinion presented, the company was aware of the worker’s health status, making the dismissal under these conditions a conduct considered arbitrary and antisocial.
The document further emphasized that, in such situations, the principle of human dignity should prevail, which is one of the pillars of the Brazilian legal system.
For the Public Prosecutor’s Office, the company’s financial interests cannot outweigh the protection of the health and dignity of the worker, especially when there are clear indications of work incapacity.
With the denial of the writ of security by the higher court in February 2026, the decision began to produce direct effects.
Thus, the mining company remains obligated to keep the worker in its employment, ensuring that he is placed in a function compatible with his health condition.
Furthermore, the company must also immediately restore the employee’s health plan, under penalty of daily fines in case of noncompliance with the court decision.
Contacted by the press to comment on the case, Vale stated that it does not comment on ongoing legal proceedings.
Source: A Gazeta
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