According to this understanding, the demonstration of animosity
Between the driver and the company made it impossible to reinstate the employment contract and would indicate that the real reason for the third action was only substitute compensation. Furthermore, according to the decision, JG's conduct would not be covered by Law 9,029/1995. In the search appeal, the driver insisted that the discriminatory attitude had been confirmed by everyone involved in the process. In his view, there is no legal impediment to the presentation of three different lawsuits against the same company, as each one dealt with a different topic. The rapporteur of the employee review appeal, minister José Roberto Pimenta, highlighted that, in fact, Law 9,029/1995 lists only some types of discriminatory practices (for reasons of sex, origin, race, color, marital status, family situation or age). However, the understanding of the TST can be extended to other forms of discrimination, depending on the specific cases examined.
In his assessment, the employer's right to power is not absolute. “The retaliation practiced by the company in these cases constitutes not only a way of punishing the employee, but also of preventing the exercise of the right to action and avoiding a judgment that is favorable to him and, therefore, imposes the nullity of the dismissal”, he concluded. . On this point, the minister explained that, accord Panama Telemarketing Data to the new wording of Law 9,029/1995, the rupture of the employment relationship due to a discriminatory act, in addition to the right to compensation for moral damage, allows the employee to choose between reinstatement, with compensation full period of leave, or receive double the remuneration for that period. “Therefore, the reinstatement of the employee or the payment of substitute compensation are expressly guaranteed by law”, he concluded.
The decision was unanimous. With information from the press office of the Superior Labor Court.Treasury cannot suspend issuance of invoice as a preventive measure ConJur Editor March 6, 2023, 7:29 am AdministrativeFinancialTax Defendants in administrative proceedings are constitutionally guaranteed contradictory and full defense, with the means and resources inherent to it. Likewise, administrative decisions must be motivated and those administered must be notified of them, under penalty of offending the constitutional principle of publicity. Rawpixel.com/Freepix Rawpixel.com/Freepix Fazenda cannot suspend issuing invoices as a preventive measure, says TJ-SP The understanding is that of the 6th of São Paulo when deciding that the Secretary of State for Finance cannot suspend the service of issuing a taxpayer's invoice due to alleged tax irregularity.