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Decision of the 3rd Chamber of the Regional Labor Court of the 15th Region, in Campinas-SP, concluded that there was no moral damage because the derogatory nickname originated from the worker’s own conduct, without evidence of participation, connivance or omission by the company in the workplace
The Regional Labor Court of the 15th Region decided that there was no moral damage in a case involving a pejorative nickname in the workplace, concluding that the situation originated from the worker’s own conduct and did not involve participation or omission by the company, thus removing the obligation for compensation.
Ruling on the Request for Moral Damages in the 3rd Chamber of the TRT-15
The 3rd Chamber (2nd Panel) of the Regional Labor Court of the 15th Region, based in Campinas-SP, denied the request for compensation for moral damages filed by a machine operator.
The worker claimed to suffer harassment by being called the nickname “hemorrhoid” in the professional environment.
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The panel upheld the first-instance ruling from the 3rd Labor Court of Campinas, which had ruled the request for moral damages as unfounded.
The decision reinforced that, for characterizing moral damage, it is necessary to prove the employer’s unlawful conduct, either by direct action or by omission in the face of the facts.
Worker’s Conduct and Origin of the Derogatory Nickname
According to the records, the worker maintained that the nickname had a humiliating character and referred to a health condition. However, the reporting judge, Judge Ana Amarylis Vivacqua de Oliveira Gulla, highlighted that the testimonial evidence indicated that the claimant himself caused the situation.
A witness stated that the nickname spread after the worker took a picture of his hemorrhoid and showed it to colleagues at the workplace. This testimony was deemed decisive in ruling out the existence of moral damage attributable to the company.
Absence of Causal Link and Employer Responsibility
In the assessment of the reporting judge, no practice of unlawful act, connivance, or omission by the employer was demonstrated.
The oral evidence also confirmed that the owner of the company did not use the nickname and always treated the employees with respect, removing the necessary causal link for recognizing moral damage.
As a result, the panel concluded that, in the absence of a link between the employer’s conduct and the alleged damage, there is no obligation to indemnify, maintaining the denial of the compensation sought by the worker.
Recognition of Unhealthiness and Effects on the Workday
Although it ruled out moral damage, the decision upheld the company’s liability, a lighting store, for the payment of maximum unhealthiness additional and overtime.
The technical examination found that the employee handled mineral and cutting oils, in addition to pointing out timing failures in the delivery of protective creams.
These conditions prevented the effective neutralization of the harmful agent. As a result, the panel declared invalid the work schedule compensation agreement in the 5×2 system, applying Article 60 of the CLT, which requires prior permission for the extension of work hours in unhealthy environments, a requirement not met by the company, according to the testimonial evidence analyzed. The understanding was unanimous.
This article was prepared based on information published by the Conjur portal.
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