The 4th Panel of the Regional Labor Court of the 15th Region (TRT-15) upheld the dismissal for cause of a supermarket bagger who physically assaulted a customer, maintaining the ruling by the 3rd Labor Court of Bauru/SP. The panel considered the dismissal justified, concluding that the case showed clear evidence of serious misconduct.

The employee had worked as a bagger from April 6, 2022, until his dismissal on June 8, 2023, following an assault on a customer accused of theft. In his defense, he did not deny the assault but claimed the man was not a customer but a “criminal” who had stolen merchandise, and that the incident took place in a restricted area, allegedly without harming the supermarket’s public image. He also argued that he was reacting to an aggression by the customer and that the release of the footage damaged his reputation.

However, the panel concluded that surveillance footage showed disproportionate behavior and excessive aggression by the bagger and other loss prevention staff, including slaps, punches, and kicks while the customer was already on the ground. The reporting judge, Justice Rita de Cássia Penkal Bernardino de Souza, emphasized that regardless of theft suspicion, the employee had no right to pass judgment or assault the individual, and that the evidence was sufficient to justify the most severe labor penalty.

As a result, TRT-15 denied the worker’s appeal and upheld the decision to dismiss for cause, which also resulted in the denial of typical severance entitlements from an unjustified dismissal, such as moral damages, release of FGTS funds, and unemployment insurance.

Read the full article:
https://trt15.jus.br/noticia/2025/4a-camara-mantem-justa-causa-de-empacotador-de-supermercado-que-agrediu-cliente-acusado-de-furto