The 3rd Panel of the Regional Labor Court of the 2nd Region (TRT-2) upheld the dismissal for cause of a public transportation bus driver who consumed alcoholic beverages during his meal break and was later involved in an accident in which a pedestrian was hit.

According to the case files, the driver himself admitted to drinking alcohol during his break, a fact corroborated by a breathalyzer test taken after the accident and by the police report included in the case. The worker had appealed the decision, arguing lack of evidence and non-compliance with procedures outlined in the Collective Bargaining Agreement (CBA) for dismissals for cause, but the appeal was rejected by the panel.

In her decision, the reporting judge, Justice Margoth Giacomazzi Martins, emphasized that being intoxicated while on duty—especially in the case of a professional driver responsible for transporting passengers—constitutes serious misconduct, breaking the trust necessary to maintain the employment contract, as set out in Article 482 of the Brazilian Consolidation of Labor Laws (CLT). The judge also noted that the company had followed the CBA procedures, with the dismissal letter properly signed by the company and witnesses.

Thus, TRT-2 fully upheld the first-instance ruling, maintaining the driver’s dismissal for cause.

Read the full article:
https://ww2.trt2.jus.br/noticias/noticias/noticia/justica-mantem-justa-causa-de-motorista-de-coletivo-que-ingeriu-bebida-alcoolica-no-intervalo