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The 2nd Panel of the TRT of Bahia Upheld the Just Cause of an Employee Who Filmed Critical Videos About the Company Dass Inside the Factory in Vitória da Conquista
What started as a humorous video on Instagram ended in a legal battle involving institutional image, internal rules, and the limits of humor in the corporate environment. The episode featured a former employee of Dass Nordeste Calçados e Artigos Esportivos S.A., who was terminated for just cause after filming videos inside the factory and posting indirect criticisms of the company on social media. The case, judged in 2024, was recently confirmed by the Regional Labor Court of Bahia (TRT-BA), which validated the penalty imposed by the company.
The Video That Led to the Dismissal
According to the lawsuit, the worker used his own cell phone to record and publish at least two videos inside the factory’s premises, located in the Bahia municipality of Vitória da Conquista. In one of them, he appears wearing the company uniform, filming the restroom and sarcastically questioning: “How do you manage to work at Dass?”
Despite the humorous nature of the post, the company argued that the videos conveyed derogatory messages, implying that the work environment was hostile or unpleasant. According to Dass, the action harmed the institutional image of the brand and represented a direct breach of conduct rules established in the contract, including the express prohibition against using cell phones within the internal areas of the factory — a policy well-known and signed by the employee himself.
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Justice Did Not See Innocence in the Joke
In an attempt to overturn the penalty, the employee appealed to the Labor Court, claiming that the intention was merely humorous and that there was no direct offense to the company. However, Judge Cyntia Cordeiro Santos, from the 2nd Labor Court of Vitória da Conquista, rejected the argument and found that there was a conscious and deliberate breach of a contractual rule, aggravated by the fact that the content negatively affected the employer’s reputation.
The case was then taken to the Regional Labor Court of Bahia, where the 2nd Panel unanimously upheld the first-instance decision. The rapporteur of the appeal, Judge Esequias de Oliveira, understood that the videos, even with a humorous appearance, contained direct criticisms of the company and violated pre-established internal rules. Judges Renato Simões and Ana Paola Diniz fully agreed with this understanding.
Important Precedent on Social Media and Work
The decision is significant not only for its content but also for representing another legal precedent regarding the impacts of social media in the corporate environment. In times of greater online visibility, companies and courts have adopted firmer positions on the public exposure of criticisms made by employees — even if in a joking manner.
This is not an isolated case. According to the legal portal Conjur, various recent rulings have upheld dismissals for just cause motivated by posts deemed offensive, undue criticisms, or violations of clearly established internal rules. Jurisprudence tends to favor the employer when there is evidence that the worker acted with intent or violated previously agreed-upon rules.
Company and Image: The Limit of Freedom of Expression
Dass Nordeste Calçados, a subsidiary of the Argentine group Dass, is responsible for producing sports shoes for major international brands in Brazil, such as Adidas and Asics. In factories like the one in Vitória da Conquista, which generate thousands of direct jobs, the company adopts strict policies of security, industrial secrecy, and image control, practices increasingly common in industrial environments dealing with technology and intellectual property.
Although the former employee can still appeal the decision, the case serves as a clear warning for workers: what seems like a joke on the internet can have serious legal and labor consequences in the real world.
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