Court Upholds Dismissal For Cause Of Maid Hired After Allegations Of Requests For Gifts From Seniors And Abandonment Of Duty In A Care Institution

Written by Fabio Lucas Carvalho

Published on 12/12/2025 at 19:46

TRT da 15ª Região mantém decisão que afastou justa causa de faxineira acusada de pedir presentes a idosos e reconhece dispensa sem justa causa

2 people reacted to this.

The 4th Chamber of TRT-15 Confirmed the Sentence of Jaboticabal by Removing Just Cause Applied to Cleaner Due to Lack of Robust Evidence, Recognizing Dismissal Without Just Cause and Determining Payment of Termination Settlements

The 4th Chamber of the Regional Labor Court of the 15th Region upheld the decision of the 2nd Labor Court of Jaboticabal that removed just cause applied to the cleaner, dismissed on 12/26/2023, for finding no robust evidence of the accusations and recognizing dismissal without just cause.

Decision Confirms Understanding of the First Instance

The panel rejected the appeal of the elderly care institution and confirmed the ruling that removed the just cause applied to the worker, maintaining the conclusion that there was insufficient proof of the alleged misconduct.

The company argued that the employee had harassed hospitalized seniors by requesting financial assistance and left her job after being questioned by her superior, seeking to uphold the maximum penalty applied upon termination.

ARTICLE CONTINUES BELOW

Company Claims and Accounts in the Record

According to the respondent, the cleaner, hired on 7/28/2023, had requested a Christmas basket, a slipper for her son, and a box of chocolates from the elderly, facts that were reportedly confirmed by a witness indicated by the company.

The defense also stated that they received complaints from the relatives of seniors, including a formal complaint, and claimed that the worker left the premises after being confronted, which would constitute another just cause or resignation.

Rapporteurs Justification on the Requirement for Evidence

The rapporteur of the ruling, appointed judge Ronaldo Oliveira Siandela, emphasized that just cause requires robust proof as it is the most severe penalty in Labor Law, capable of tarnishing the employee’s image.

According to the rapporteur, for the application of this measure, requirements that prevent abuses of disciplinary power must be observed, with the employer bearing the burden of proving the just cause for termination, as per Article 818, II, of the CLT.

Lack of Immediacy and Absence of Documents

For the panel, despite the claims, there was no evidence of dismissal for just cause, as no formal notice or Termination of Employment Contract was presented, nor were there attempts to contact the worker.

The decision highlighted that the lack of immediacy between the alleged misconduct and the purported dismissal characterizes the employer’s tacit forgiveness, in addition to showing weakness in the conduct of the disciplinary procedure adopted.

Evaluation of the Testimonial Evidence Presented

The ruling pointed out that the defense’s claims were limited to the testimony of a single witness from the respondent, who reported comments made by seniors and a complaint from a family, without direct evidence of the facts.

According to the panel, this evidentiary set does not meet the standard of robust and unequivocal evidence required to support the application of just cause in such labor situations labor relations.

Version Presented by the Worker

The cleaner claimed that she only wrote a Christmas letter asking the seniors for a basket, a slipper for her son, and a box of chocolates, stating that she was unaware of the prohibition and was fired for it.

For the panel, this version significantly differs from the defense thesis presented by the employer, not constituting a confession of the conduct described in the defense, as evaluated by the ruling.

Job Abandonment Is Also Removed

Regarding the allegation of job abandonment, the Court found it to be unfounded since the company did not prove that it notified the worker to return to work or justify absences, a burden that was theirs to bear.

As a result, the ruling recognizing the dismissal without just cause was upheld, condemning the respondent to pay the corresponding termination settlements and the fine provided for in Article 477, § 8, of the CLT, in case 0010920-82.2024.5.15.0120.

0 Comments

most recent

older Most voted

Court Upholds Dismissal For Cause Of Maid Hired After Allegations Of Requests For Gifts From Seniors And Abandonment Of Duty In A Care Institution

The 4th Chamber of TRT-15 Confirmed the Sentence of Jaboticabal by Removing Just Cause Applied to Cleaner Due to Lack of Robust Evidence, Recognizing Dismissal Without Just Cause and Determining Payment of Termination Settlements

Decision Confirms Understanding of the First Instance

Company Claims and Accounts in the Record

Rapporteurs Justification on the Requirement for Evidence

Lack of Immediacy and Absence of Documents

Evaluation of the Testimonial Evidence Presented

Version Presented by the Worker

Job Abandonment Is Also Removed

In the cold desert of Ladakh, where it hardly rains, engineer Sonam Wangchuk created the ice stupa, a tower that freezes winter water and stores it for irrigating crops in the spring, a simple engineering feat that mimics nature.

Almost 6,000 residents live concentrated along a single street nearly 9 km long in the interior of Poland. Houses form a continuous row, and behind them, narrow agricultural strips emerge, creating one of the most unusual rural patterns in Europe.

Libya built over 4,000 kilometers of underground pipelines to bring water from the Sahara to coastal cities in a project that the government itself called the Eighth Wonder of the World.

Chinese woman planted trees for decades while sand buried part of her house, received $5,000 from an American in 1999, and helped transform the desert into a forest of 8 million trees in China.

Desert sand, previously discarded for being too smooth for concrete, becomes an ecological brick in the United Arab Emirates, dispensing with Portland cement, curing at room temperature, and attempting to transform dunes useless for construction into raw material for a new arid engineering.

They planted a sea of eucalyptus to produce cellulose, but the monoculture turned into a green desert, dried up springs and rivers, and pushed families out of regions in Minas Gerais and Bahia.

Júlia Pimentel, an 11-year-old from Minas Gerais, independently invented a new formula to calculate the square root using simple addition and multiplication, and her method was published in one of the most important mathematical scientific journals in Brazil.

At 75 years old, João José de Carvalho, known as Mr. Janjão, was accepted for the second time by Sisu after overcoming distance, physical limitations, and years away from school, to fulfill his dream of studying Biological Sciences at UFPI.

The invisible danger inside the house: plugging too many devices into the same outlet and spreading extensions throughout the rooms can overload the electrical network, silently heat wires, and turn a common habit into one of the leading causes of house fires.

A thrift store that started with children’s clothes and a loan from grandma turned into a network worth R$ 300 million per year: Peça Rara grew to 130 stores, sold 4 million items, and transformed used items into a national circular economy business.

The German fund created to compensate victims of Nazi forced labor paid billions, but the responsible parties themselves admit that the money did not come close to compensating 26 million people.

Why do so many people avoid calls and prefer to resolve everything through messaging?

Court Upholds Dismissal For Cause Of Maid Hired After Allegations Of Requests For Gifts From Seniors And Abandonment Of Duty In A Care Institution

The 4th Chamber of TRT-15 Confirmed the Sentence of Jaboticabal by Removing Just Cause Applied to Cleaner Due to Lack of Robust Evidence, Recognizing Dismissal Without Just Cause and Determining Payment of Termination Settlements

Decision Confirms Understanding of the First Instance

Company Claims and Accounts in the Record

Rapporteurs Justification on the Requirement for Evidence

Lack of Immediacy and Absence of Documents

Evaluation of the Testimonial Evidence Presented

Version Presented by the Worker

Job Abandonment Is Also Removed

In the cold desert of Ladakh, where it hardly rains, engineer Sonam Wangchuk created the ice stupa, a tower that freezes winter water and stores it for irrigating crops in the spring, a simple engineering feat that mimics nature.

Almost 6,000 residents live concentrated along a single street nearly 9 km long in the interior of Poland. Houses form a continuous row, and behind them, narrow agricultural strips emerge, creating one of the most unusual rural patterns in Europe.

Libya built over 4,000 kilometers of underground pipelines to bring water from the Sahara to coastal cities in a project that the government itself called the Eighth Wonder of the World.

Chinese woman planted trees for decades while sand buried part of her house, received $5,000 from an American in 1999, and helped transform the desert into a forest of 8 million trees in China.

Desert sand, previously discarded for being too smooth for concrete, becomes an ecological brick in the United Arab Emirates, dispensing with Portland cement, curing at room temperature, and attempting to transform dunes useless for construction into raw material for a new arid engineering.

They planted a sea of eucalyptus to produce cellulose, but the monoculture turned into a green desert, dried up springs and rivers, and pushed families out of regions in Minas Gerais and Bahia.

Júlia Pimentel, an 11-year-old from Minas Gerais, independently invented a new formula to calculate the square root using simple addition and multiplication, and her method was published in one of the most important mathematical scientific journals in Brazil.

Dismissing a retired worker or one eligible for retirement constitutes ageism and creates a duty to compensate: a unanimous decision by the TRT mandates reinstatement to employment, payment of back wages, and upholds compensation of R$ 15,000 for discrimination.

Work less and produce more? Nobel Prize in Economics explains why shorter workdays can increase productivity

Unions are growing again in Brazil after more than a decade, but they face an urgent challenge to win back digital workers and maintain relevance.

From the typewriter to the home office: how work has changed and why new generations think differently

Work on holidays changes in Brazilian commerce and new rule targets supermarkets, pharmacies, retailers, and companies under mandatory collective bargaining agreement.

At 75 years old, João José de Carvalho, known as Mr. Janjão, was accepted for the second time by Sisu after overcoming distance, physical limitations, and years away from school, to fulfill his dream of studying Biological Sciences at UFPI.

The invisible danger inside the house: plugging too many devices into the same outlet and spreading extensions throughout the rooms can overload the electrical network, silently heat wires, and turn a common habit into one of the leading causes of house fires.

A thrift store that started with children’s clothes and a loan from grandma turned into a network worth R$ 300 million per year: Peça Rara grew to 130 stores, sold 4 million items, and transformed used items into a national circular economy business.

The German fund created to compensate victims of Nazi forced labor paid billions, but the responsible parties themselves admit that the money did not come close to compensating 26 million people.

Why do so many people avoid calls and prefer to resolve everything through messaging?