quinta-feira, 22 de agosto de 2013
Court does not recognize violation of privacy in practical magazine pouch used
The First Chamber of the Regional Labor Court of the 18th Region (GO) confirmed the sentence of the first degree who denied claim for damages made by a sales promotion company that provided services to Fujioka Eletro Imagem SA, through outsourced Company Management people and Services Ltda.
At initial, the maid claimed he suffered embarrassment since it "has been subjected to a sort of gender strip search" and was accused of theft by the company, a fact that was known to all employees.
In defense, receiving the services claimed that holding the magazine was made with the permission of their own employees involved in the procedure and that there was no abuse.
In analyzing the case, the rapporteur of the case, the judge summoned Eugenio Cesario Rose said that the essential elements that constitute the right to compensation of the damage should not be presumed, but duly proven, while the worker the burden of proof.
According to him, there was no evidence that the employee has been reached in his honor, image, intimacy or private life. "Although the witness's claims reveals clearly that in fact there was a magazine of objects belonging to promoters of sale, effectively showed no subjection alleged by the worker," explained the rapporteur.
The complaint of theft before the other fellow, called the judge said the fact that the agent of the second defendant requested the removal of the employee from the workplace, for mere suspicion, accusation does not involve the commission of the offense.
Thus, the First Panel followed the vote of the rapporteur and dismissed the appeal of working.
Process: RO - 0001535-15.2012.18.0002
Source: Regional Labor Court of the 18th Region