Labor Court Confirms Dismissal of Employee Who Submitted Medical Certificate and, Hours Later, Provided Services for Another Employer

Written by Fabio Lucas Carvalho

Published on 15/10/2025 at 18:58

Updated on 15/10/2025 at 19:51

Justiça mantém justa causa de funcionária que apresentou atestado médico e trabalhou para outro empregador no mesmo dia, alegando agir de boa-fé

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The Decision of the 5th Labor Court of Belo Horizonte Highlighted That the Employee’s Action of Presenting a Medical Certificate and Working for Another Company on the Same Day Broke the Essential Trust of the Employment Relationship

At the beginning of this year, the Labor Court confirmed the dismissal for just cause of a worker who presented a medical certificate to one employer and, on the same day, provided services to another company.

The decision was issued by the presiding judge of the 5th Labor Court of Belo Horizonte, Jésser Gonçalves Pacheco, who considered that the breach of trust necessary for the maintenance of the employment bond was established.

Worker Claimed Good Faith and Requested Reinstatement of Dismissal

In the lawsuit, the employee claimed that the dismissal was unjust and that the reason presented did not correspond to reality.

ARTICLE CONTINUES BELOW

Judge Sees Breach of Trust and Contradictory Behavior

The magistrate highlighted that just cause is characterized by the serious violation of the main obligations of the employment contract, making the continuity of the relationship unsustainable.

According to him, since it is the most severe punishment applied to an employee, there must be clear and convincing evidence of the conduct that justified the dismissal.

In this case, the worker herself admitted to having provided services at another company on the same day she presented the certificate.

In a document attached to the case, she stated that, even while ill, she went to the other job due to the urgency of the demand and acted in good faith believing she would not cause any harm.

For the judge, this explanation does not dismiss the contradictory nature of her action. “Protecting a pregnant colleague from contagion may even be a humanitarian gesture, but the plaintiff, even being sick, still went to work at another unit,” he stated.

Request Denied and Case Archiving

Based on these elements, the judge concluded that the worker’s conduct compromised the trust — an essential element of the employment relationship — and upheld the dismissal for just cause.

He also rejected the request for reinstatement to employment without just cause and the payment of severance such as prior notice, proportional vacation, 13th salary, 40% FGTS fine, and release of guides for withdrawal and unemployment insurance.

The decision became final, with no appeal, and the case was definitively archived.

Labor Court Confirms Dismissal of Employee Who Submitted Medical Certificate and, Hours Later, Provided Services for Another Employer

The Decision of the 5th Labor Court of Belo Horizonte Highlighted That the Employee’s Action of Presenting a Medical Certificate and Working for Another Company on the Same Day Broke the Essential Trust of the Employment Relationship

Worker Claimed Good Faith and Requested Reinstatement of Dismissal

Judge Sees Breach of Trust and Contradictory Behavior

Request Denied and Case Archiving

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Labor Court Confirms Dismissal of Employee Who Submitted Medical Certificate and, Hours Later, Provided Services for Another Employer

The Decision of the 5th Labor Court of Belo Horizonte Highlighted That the Employee’s Action of Presenting a Medical Certificate and Working for Another Company on the Same Day Broke the Essential Trust of the Employment Relationship

Worker Claimed Good Faith and Requested Reinstatement of Dismissal

Judge Sees Breach of Trust and Contradictory Behavior

Request Denied and Case Archiving

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China is building an artificial island in the middle of the sea, covering 20 km², to construct the largest offshore airport in the world, the Dalian Jinzhouwan. This $4.3 billion project is anchored on more than 3,000 pillars embedded in the rock beneath the ocean and is scheduled to open in 2035.

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