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Court Decision Confirms Dismissal for Just Cause After Review of Internal Images, Financial Documents, and Reports on Scheme Involving Colleagues in the Workplace, Reinforcing Understanding of Labor Justice on Breach of Trust in Roles Related to Cash Handling.
The Labor Court upheld the dismissal for just cause of a cashier accused of leaving with unpaid goods from the supermarket where she worked in Sabará, in the Metropolitan Region of Belo Horizonte.
According to the ruling, images from internal cameras and documents from the establishment, such as the receipt, confirmed that products were taken without being fully recorded at the register.
The case was analyzed by Labor Judge Felipe Climaco Heineck, from the Labor Court of Sabará, who found sufficient evidence to affirm the penalty imposed by the company.
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The worker appealed the decision, but the understanding was upheld by the 9th Panel of the Regional Labor Court of the 3rd Region (TRT-MG).
The case number was not disclosed.
Supermarket Points Out Scheme Involving Colleagues
According to the supermarket, the former employee did not act alone.
The company stated that there was a scheme in which goods were acquired without all items being properly recorded at the register, with the involvement of colleagues.
Furthermore, according to the employer, the irregularity occurred both due to the absence of recording some purchases and the entry of a quantity lower than what was actually taken.
In records cited in the case, items such as shampoo bottle, milk carton, deodorant, and cookie packages were allegedly left out of the accounting, according to the comparison between camera images and the receipt.
The judge noted that the recordings indicated a repeated pattern in the same shift.
In one section of the ruling, it was recorded that “on three occasions, in a single night, different employees passed through the same register”, a situation in which there were unregistered goods or goods registered in a lesser number.
Previous Warning Weighed in Case Analysis
The company also stated that the cashier had previously been punished.
According to the supermarket, the warning was issued due to the incorrect recording of customer purchase amounts.
In the defense presented by the employer, it was stated that the worker was verbally warned.
At the time, she was reportedly informed that “the reiteration of this misconduct could result in dismissal for just cause due to acts of indiscipline or insubordination (Article 482, h, CLT)”.
This history was used to reinforce the allegation of breach of trust, especially given that the role involved direct handling of monetary amounts and inventory control.
Defense Denies Fraud and Requests Reversal of Just Cause
In contesting the dismissal, the cashier requested the conversion of just cause into unjustified dismissal.
She denied having recorded incorrect amounts in the incident that led to the warning.
According to the worker, “this would have been done by another colleague”.
The cashier confirmed that she received the warning the day before her dismissal.
In her argument, she asserted that she could not face two punishments for the same incident.
The thesis presented was that of “duplicity of punishments”.
Testimony Mentions Rush and Lack of Receipt Verification
In her testimony, the worker reported that her purchases were processed at another cashier’s register.
She attributed the absence of total charging to the rush since the supermarket was closing.
As per an excerpt transcribed in the decision, she stated that “(.) processed her purchases at another cashier’s register; due to the rush, as the establishment was closing, she did not check if all the products purchased were recorded on the receipt”.
Based on this argument, the defense maintained that the penalty imposed was disproportionate.
Court Rejects Allegation of Double Punishment
The judge rejected the claim that the worker had been punished twice for the same incident.
According to the ruling, the analyzed episodes were distinct.
The warning, according to the judge, referred to the incorrect recording of product values while the employee was working as a cashier.
The dismissal for just cause was based on the worker’s participation, “as a consumer, in the workplace and during her shift”, in acquiring products without corresponding payment.
This differentiation was deemed decisive in validating the measure adopted by the company.
Breach of Trust Justified the Termination of Contract
Upon evaluating the evidence, the judge concluded that the conduct was sufficiently serious.
In the ruling, it was highlighted that “even if practiced only once, it was enough for the loss of trust that must exist in labor relations”.
The request for reversal of the just cause was denied.
The decision also emphasized that, although the cashier has direct responsibility for the recording, this does not exempt the participation of those who benefited from the failure.
The understanding was that the plaintiff knew the supermarket’s procedures and routine for recording purchases, which reinforced her responsibility in the case.
After the appeal, the Regional Labor Court upheld the decision, maintaining the just cause imposed by the company.
The judicial discussion was concluded based on the terms disclosed by the TRT of the 3rd Region.
With decisions like this, to what extent do internal evidence, such as images from cameras and receipts, tend to influence judgments involving trust and conduct in the workplace?
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