Employment law court cases

BRAZIL Court: Superior Labour Court (Tribunal Superior do Trabalho – TST) Subject: Suspension and dismissal of a union member Substance: The TST held that an employer may suspend an employee for the total duration of an investigation for serious misconduct, even if the employee concerned is a trades union member …

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BRAZIL Court: Regional Labour Court Subject: Health and safety concerns in relation to exposure to heat Substance: The 4th Regional Labour Court upheld the first instance Court’s decision that an employer is required to pay an employee additional benefits for working under unhealthy conditions (exposure to heat), even if their work is performed indoors …

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BRAZIL Court: Superior Labour Court (Tribunal Superior do Trabalho – TST) Subject: Working excessive hours and work-life balance Substance: The TST overturned the Regional Labour Court’s decision by ruling that work overload and, consequently, working excessive hours itself does not entitle the employee concerned to indemnity, as ordered by the lower court …

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BRAZIL Court: Federal Supreme Court Date issued: 29th May 2019 Subject: Having pregnant and/or breastfeeding employees working in an unhealthy environment is unconstitutional Substance: By a majority of 10 to 1, the Brazilian Federal Supreme Court has held that the labour reform rule contained in Section 394-A of the Consolidated Brazilian Labour Code is in violation of the constitutional protection of motherhood, hygiene, health, and safety …

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