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Caught on Cameras Weighing Prime Cuts with Cheap Product Codes to Benefit Customers, Butcher Attendant Had Dismissal for Just Cause Confirmed by the Court
The Labor Court of Minas Gerais upheld the dismissal for just cause of a supermarket employee in Uberlândia, in the Triângulo Mineiro, accused of weighing prime cuts, such as picanha, with cheaper product codes.
Brazilian labor law, especially the Consolidation of Labor Laws (CLT), clearly defines the situations in which an employer can dismiss an employee for just cause, meaning without prior notice and without payment of traditional termination compensation (such as the 40% fine on FGTS or unemployment insurance)
In this case, the practice, recorded by the establishment’s security cameras, benefited specific customers and caused financial damage to the company.
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The decision was confirmed by the 6th Panel of the Regional Labor Court of Minas Gerais (TRT-MG), and the case awaits judgment of appeal in the Superior Labor Court (TST).
Employee Changed Meat Codes to Benefit Customers
According to the employer, the attendant weighed more expensive meats — such as picanha — using codes for lower-value products, like the coxão mole, reducing the final price paid by known customers.
This conduct, characterized as an act of impropriety, led to immediate dismissal for just cause.
The employee, however, denied having acted with fraudulent intent.
She stated that the code change occurred due to “a procedural mistake” and claimed to be targeted by the manager since allegations of meat diversion arose in the butcher shop sector.
In the legal action, the worker requested the reversal of the just cause, arguing that the penalty was applied in a delayed and disproportionate manner.
According to her, there was multiple punishment for the same act, which is why she requested the payment of termination compensation typical of dismissal without just cause, in addition to the fine provided in article 467 of the Consolidation of Labor Laws (CLT) and compensation for moral damages.
Evidence Shows Deliberate Fraud and Damage to the Company
The supermarket defended the legality of the dismissal, stating that the employee had admitted to changing codes several times and always to accommodate specific customers.
The images from the security cameras and testimonies from colleagues reinforced the accusation.
In one of the videos attached to the case, the attendant is seen greeting a known customer and then cutting coxão mole steaks.
However, she performs the weighing with the code for beef shoulder — a cheaper product.
The video shows that a kilogram of coxão mole cost R$ 36.99, while beef shoulder was sold for R$ 32.99.
A witness, who worked the same shift as the plaintiff, stated that she witnessed at least three similar occurrences.
According to the account, there was no possibility of confusion with the codes, and the “errors” always occurred with the same customers.
In one case, a customer even refused assistance from another employee to be served exclusively by the accused worker.
Judge Confirms Impropriety and Dismisses Moral Harassment
The head of the 3rd Labor Court of Uberlândia concluded that the evidence confirmed the practice of a serious offense.
The judge highlighted that the worker had over two years of experience in the position, knew the product codes by heart, and demonstrated skill in butcher tasks.
“Based on the analysis of the evidential context, I conclude that the supermarket proved that the butcher favored third parties, to the detriment of the company, which constitutes the act of impropriety provided for in article 482 of the CLT,” he stated in the decision.
Based on this understanding, the judge upheld the dismissal for just cause and rejected the requests to reverse to dismissal without just cause and the payment of associated termination payments.
He also denied the claim for moral damages, concluding that there was no harassment by the manager and that the actions taken were limited to the regular exercise of management.
The ruling was confirmed by the 6th Panel of the TRT-MG, and the case continues with an appeal pending judgment in the Superior Labor Court.
What the Law Says: Article 482 of the CLT
Article 482 of the CLT lists the reasons that authorize dismissal for just cause. Among the main ones are:
a) Act of Improbity: any dishonest, fraudulent, or unlawful behavior practiced by the employee.
b) Indecent Conduct or Misbehavior: inappropriate attitudes or actions contrary to the company’s internal rules.
c) Habitual Negotiation without the Employer’s Permission: if it causes damage or unfair competition.
h) Act of Indiscipline or Insubordination: deliberate non-compliance with orders or rules.
i) Job Abandonment: unjustified absence for more than 30 days.
l) Act Against Honor or Good Reputation Practiced at Work: physical or moral aggression against colleagues or superiors.
Funcionária foi “fragada”…? É isso mesmo que está abaixo da imagem inicial? Arruma isso que tá ****.