Employee terminated for continuing to take calls behind the wheel, disregarding road safety rules.
Breaking News: Labor Court Affirms Disciplinary Action Against Driver in Rio Doce Region
A Labor Court ruling in Minas Gerais upheld the dismissal of a driver who used his cell phone while driving, despite his claims of provisional job security. The Sixth Chamber of the Regional Labor Court of Minas Gerais (TRT-MG) made the decision, following an appeal from the worker.
Judge José Murilo de Morais was the initial decision-maker in the case, supporting the 3rd Labor Court of Governor Valadares' dismissal order. The driver was let go after being caught on the phone during a company-owned vehicle trip. The images of the infraction were captured by the vehicle's internal camera, a piece of evidence that the court deemed significant in establishing a serious offense.
The worker argued that his offense was not particularly severe since he was answering a call from a superior while the vehicle was moving at a low speed. He also referenced his position as a temporary replacement for the Internal Commission for the Prevention of Accidents (CIPA).
However, the Labor Court found that the violation was substantial enough for continued employment to be untenable. The court recognized the company's requirement for its drivers to adhere to traffic rules, emphasizing that this was consistent with the Brazilian Traffic Code, indicating the employer's commitment to avoiding accidents.
Additionally, evidence presented revealed that the driver violated an internal company rule, which he and other employees were well-aware of. Witness accounts showed that employees were consistently reminded about the prohibition on using cell phones while entering the vehicle. The standard practice for the company is to utilize radios for communication instead, and the driver was supposed to store his phone in the glove compartment before starting the ride.
The driver's temporary employment status was discussed, with the judge clarifying that CIPA protection only prevents dismissals without cause, not those made for cause. Given the evidence presented, the panel concluded that the dismissal was lawful and, moreover, followed proper procedures for justified termination.
In Brazil, the Consolidation of Labor Laws (CLT) outlines the basis for employment relationships, including just cause for termination. Infractions such as using a cell phone while driving a company vehicle, which may pose a risk to safety, would typically fall under the broader categories of misconduct or just cause for dismissal.
For employers in Brazil seeking to dismiss employees for such actions, the process should involve documenting the incident, aligning termination with company policies, and providing the employee with a chance to respond to the allegations. While the CLT does not explicitly address cell phone use while driving, such behavior can constitute a form of misconduct justifying termination if it violates company policies or compromises safety. Consulting a legal professional experienced in Brazilian labor laws is always advisable for precise guidance.
The decision of the Labor Court in Minas Gerais not only upheld the dismissal of a driver for using his cell phone while driving, but it also made clear that such an infraction could fall under the broader categories of misconduct or just cause for dismissal in Brazil. In addition to general news, this case could potentially be featured in sports sections, as it highlights the importance of safety and adherence to rules in professional driving, similar to how athletes are expected to follow certain rules and codes of conduct in their respective sports.
