Employment law court cases

Important employment law court cases from Brazil in “easy to read” format.

Brazil :: Suspension and dismissal of a union member

BRAZILCourt: Superior Labour Court (Tribunal Superior do Trabalho – TST)Subject: Suspension and dismissal of a union memberSubstance: 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 :: Health and safety concerns in relation to exposure to heat

BRAZILCourt: Regional Labour CourtSubject: Health and safety concerns in relation to exposure to heatSubstance: 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 :: Working excessive hours and work-life balance

BRAZILCourt: Superior Labour Court (Tribunal Superior do Trabalho – TST)Subject: Working excessive hours and work-life balanceSubstance: 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 :: Having pregnant and/or breastfeeding employees working in an unhealthy environment is unconstitutional

BRAZILCourt: Federal Supreme CourtDate issued: 29th May 2019Subject: Having pregnant and/or breastfeeding employees working in an unhealthy environment is unconstitutionalSubstance: 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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