05/06/2013
Company is ordered to pay damages for the unmotivated employee farewell HIV positive. Autor: TRT - 1ª Região
The TRT / RJ, like the other courts of the country, condemned a large company in the field of constructions and finishes, to pay moral damages in the amount of U.S. $ 30 000 a tiler carrier Syndrome Immune Deficiency Syndrome (AIDS) that was fired.
When the ex-employee entered the justice, the Court of first instance held that there was no legal basis for provisional stability of HIV carriers.
However, the employee appealed claiming that his illness was known to the employer and that he no longer had conditions, which resulted in low productivity.
With the feature, the tiler intended sentencing the defendant to pay compensation of moral damages for dismissal without cause.
The rapporteur of the judgment held that the act of dismissal was arbitrary, unjust and illegal and that the company, for not having passed the contributions to the INSS, has impeded the receipt of social security benefits and, perhaps, the employee's retirement.
It is an understanding that has been pacified in the courts, and fully fenced to arbitrary dismissal in these cases, which is why it is important that businesses start to take care about the point.
