05/03/2013
Company shall pay compensation for emotionally tolerate practices that destabilize the worker Autor: Tribunal Regional do Trabalho - Minas Gerais
Every day, become more frequent in the Labor Court actions denouncing cases of bullying. This is characterized by the exposure of workers to humiliating and embarrassing, repetitive and prolonged during the workday and in the exercise of its functions, making the work environment unbearable. And nowadays, tolerance of company practices that destabilize the employee is emotionally just how to characterize the power steering failure and hence the practice of tort duty that leads to repair the moral damage caused.
Recently, an employee filed a lawsuit claiming embarrassing situations in the workplace, which was the victim of humiliation by their supervisors and coworkers, because of epileptic seizures and disrrítmicos suffered outbreaks.
In the action that was processed in the 3rd Labour Court in Tuticorin, the judge Flávio Vilson da Silva Barbosa found through the oral test, that the claimant was often exposed to constraints by peers, being called a "monster" and "high", with knowledge of the defendant. Employees also commented that the claimant was doing "head tests."
Thus, the court held that the employee is entitled to compensation for moral damages suffered. Taking into account the economic capacity of the parties, the pedagogical character and punitive damages as well as the extent of damage, the magistrate fixed the compensation at $ 15,000.00. The conviction was upheld by the Court only reduced the indemnity amount to $ 5,000.00.
