Driver "abandoned " receives compensation for moral damage

The Brazilian Post and Telegraph Company ( ECT ) was secondarily responsible for the Labour Court to pay moral damages to a driver who made ​​deliveries to the Post Office and went several days without being informed by the employer, and Leal Alavarce Ltda. ME , contract termination due to the seizure of the truck with which he worked .



Through appeal, ECT sought to extinguish the conviction for moral damages of £ 1000 and the liability for the funds of the contract termination due to the employee . However , the Sixth Chamber of the Superior Labor Court found no arguments for reversing the decision and therefore not upheld the appeal .



abandoned



Contracted to provide services for microenterprises in the region between the ECT and Umuarama Maringa , Parana , the driver told us that on March 7, 2011 , the employer took the truck to Bauru ( SP ) , which functioned headquarters . After that , no more returned the vehicle to which the employee could continue to provide services to the post office , not giving you any satisfaction , which made him feel abandoned by the employer , as reported in the original .



After several days without the truck, he called the employer , who did not answer the call . When looking for the post office for information , he learned that he had lost Alavarce granting of delivery online and no longer would provide services to ECT .



The employee then sought , the 5th Labour Maringa , recognition of indirect termination of employment with the Alavarce , blaming the Post subsidiary . After the sentencing , ECT appealed Ordinary Regional Labor Court of the 9th Region ( PR ) , which was dismissed .



By examining the use of ECT , the minister Aloysio Corrêa da Veiga , rapporteur of the TST processono not found the offense alleged to Articles 5 , II and V of the Constitution , and 186 and 927 of the Civil Code . With respect to the divergence in the case law held that the paradigms presented were nonspecific , because it limited to addressing the enforceability of punitive damages for delay in payment of wages . In case, however , apart from not paying wages, Alavarce not informed the employee of the end of the employment relationship .



Thus, the rapporteur considered that was characterized wrongful conduct of the employer , concluding that due compensation for moral damages because the conduct of the contractor not only caused distress to the employee as well as off-balance sheet damage , since certainly prevented him from honoring their commitments , especially those related to food , housing , health , transport , education and health .



Process : RR - 1154-02.2011.5.09.0872



Source : Superior Labor Court