TRT-15 denies indirect termination to employee who refused Covid-19 vaccine.

Without finding any abuse of power, vexatious or humiliating conduct, the 3rd Chamber of the Regional Labor Court of the 15th Region denied the request for indirect termination of an elderly caregiver who claimed to have been a victim of moral harassment due to internal company pressure for her to get vaccinated against Covid-19.

Even so, since the dismissal occurred after the lawsuit was filed, the court declared the contract terminated due to resignation and ordered the termination to be recorded in the employment record book and the payment of severance pay — 13th-month salary, vacation pay, and FGTS (Brazilian employee severance fund).

The author refused to take the vaccine for ideological reasons. She stated that, because of this, she was prevented from entering her workplace twice, both times in public. Later, she was dismissed for just cause. The Labor Court of Adamantina (SP) denied the indirect termination.

Before the TRT-15 (Regional Labor Court of the 15th Region), the worker defended her "autonomy of will" and criticized the way the company handled the situation, "opting for coercion and duress." She further argued that the dismissal occurred when the company was already aware of the labor lawsuit, which would be abusive and would have increased her anguish, stress, and anxiety.

The rapporteur for the case in the second instance, Judge Rosemeire Uehara Tanaka, pointed out that the employer followed the guidelines of the Labor Prosecutor's Office regarding the removal of the employee from the workplace in case of unjustified and unexplained refusal of vaccination.

Furthermore, the fact that the plaintiff remained at the clinic gate and encountered other employees arriving for the same shift did not demonstrate "violating exposure." According to the judge, the employer was merely acting within the regular exercise of its rights.

Source: Conjur

To read the judgment: click here