The 3rd Panel of the Regional Labor Court of the 2nd Region (TRT-2) upheld a just cause dismissal imposed on an employee for misconduct. According to the case records, the man committed sexual harassment against a co-worker of the same hierarchical level. In the ruling, presiding judge Liane Martins Casarin emphasized that inappropriate provocation “does not necessarily require a vertical hierarchical relationship, with so-called ‘horizontal harassment’ between colleagues of the same rank being recognized, in accordance with the guidance of the Superior Labor Court (TST).” She also noted that, to constitute such an offense, the behavior must be repeated, sexually motivated, and unwanted—“elements that are present in this case.”
According to the decision, the plaintiff acknowledged ownership of the WhatsApp number appearing in the messages submitted as evidence by the defendant and admitted to having “romantic interest.” However, the judge stated that this does not negate the misconduct. She added that the messages reveal persistent and inappropriate behavior by the claimant, even in the face of the woman’s clear lack of receptiveness. “The workplace must be guided by mutual respect and professionalism, and it is unacceptable to persist in romantic or intimate advances after the recipient has clearly expressed discomfort,” she wrote.
In addition, the judge considered that surveillance footage and the victim’s testimony—who appeared as a witness for the defense—confirmed an attempt at non-consensual physical contact. She also noted that the principles of promptness and immediacy were observed, with the dismissal taking place immediately after an internal investigation.
The decision is subject to appeal.
(Case No. 1001034-44.2024.5.02.0204)