Judge Concluded That Anonymous Messages Attributed to the Caretaker Broke the Necessary Trust in the Bond and Legitimized the Penalty Imposed by the Condominium
The 12th Labor Court of the South Zone of São Paulo confirmed the just cause applied to a caretaker who sent messages considered intimidating to residents via WhatsApp. The ruling was upheld because the evidence gathered in the case showed that the anonymous content, sent through a phone line in the worker’s name, caused a sense of threat among some condominium residents.
A victim even filed a police report before discovering who the author of the messages was, which reinforced the seriousness attributed to the case by those involved.
The employee attempted to annul the penalty. He claimed that his departure had already been discussed by residents and that he only forwarded screenshots of the internal group to indicate that he was following conversations about his possible dismissal.
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This argument, however, did not convince the judge responsible for analyzing the case.
Foundations Pointed Out by the Judge
Judge Renata Prado de Oliveira highlighted that the set of evidence was sufficient to demonstrate a breach of trust.
According to her, the employment relationship depends on this element; therefore, any conduct that affects this foundation jeopardizes the continuity of the contract.
The understanding was that the messages sent exceeded the limit of what is acceptable, as they created insecurity among residents and produced an unfeasible work environment.
Furthermore, the judge noted that even if the dismissal was being discussed internally, that did not authorize the worker to send private messages to the residents.
The initial petition, according to the ruling, indicated that the employee took this action on his own initiative, which reinforced the interpretation of non-compliance with the condominium’s disciplinary rules.
Assessment of Disciplinary Power
The ruling also emphasized that it is up to the employer to define proportional measures in the face of inappropriate conduct.
Therefore, the condominium had the autonomy to assess the situation and impose the punishment it deemed compatible with the gravity of the facts.
The just cause was considered valid because, for the judge, there was a breach of trust and a direct impact on the internal routine.
The case remains pending for the judgment of the ordinary appeal, which keeps the discussion open while the parties await the new analysis.
With information from TRT2.jus.

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