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There is no general repercussion on issues relating to the admissibility assumptions of the Labor Court's termination action; Therefore, in this case, an extraordinary appeal is not possible. Thus, Minister Luiz Philippe Vieira de Mello Filho, of the Superior Labor Court, denied proceeding with an appeal by Banco Santander against an executionat the installment was not paid between 1994 and 1997 because Banespa had reported a loss. In 1998, payment was resumed, but reduced to 5% of salary. The category's collective agreement at the time provided for the payment of profit sharing of around one and a half salaries, but only to active employees. The retirees gained the right to the bonus installments and the action became final in 2019. Santander then filed a rescission action to annul the execution, with the argument that associations could only propose collective actions with the express authorization of all their members. In October last year, Subsection II Specialized for Individual Disputes-2 (SDI-2) determined that the execution should continue. The bank then tried to take the case to the Federal Supreme Court. But the vice-president of the TST recalled that the STF does not allow extraordinary appeals in cases with arguments of this type, as was decided in the judgment of AI 751.478. "Given that the appealed ruling deals with an issue relating to a topic whose general repercussion was denied by the Federal Supreme Court, the filing of an extraordinary appeal to re-examine these points of the decision is clearly unfeasible", indicated the rapporteur minister.
Click here to r The injunction was then granted so Phone Number List that the union refrains from holding an in-person meeting under penalty of a fine of R$20,000 in case of non-compliance with the obligation. The company was represented by lawyereen the establishment and their home. With this understanding, the 4th Panel of the Superior Labor Court reformed a decision that had condemned a hamburger chain to compensate an employee from Belo Horizonte who had an accident after the end of his shift. Dollar Photo Club The clerk suffered a motorcycle accident after finishing his workday Dollar Photo Cledo Neves International Airport (Confins). He was returning home on his motorcycle and, according to the lawsuit, he had slept while driving the vehicle. The accident resulted in multiple trauma, surgeries and paraplegia. In the labor action, the clerk stated that eight employees had been absent that day, which had caused him to become exhausted due to exceeding the working day. The company, in its defense, argued that the clerk's team was complete on the day of the accident, that he had worked normally during the day and that nighttime calls were reduced.
The first instance court dismissed the compensation claim as unfounded, but the Regional Labor Court of the 3rd Region (MG) reversed the sentence and ordered Bob's to pay R$280,000 for moral and material damages. According to the TRT, testimonies collected in the process proved that the team was missing an employee, which would have caused extraordinary effort for the clerk and led to the accident on the company-home route. However, the sentence was modified again in the TST. The rapporteur of the snack chain's review appeal, minister Alexandre Ramos, considered that it was clear that the clerk suffered a commuting accident after completing his workday. He considered, however, that, based on the rules of experience and normal conditions, it cannot be concluded that counter attendant activities could fall within the concept of risk activities, within the meaning of the sole paragraph of article 927 of the Code Civil. In his vote, the minister noted that, contrary to what was stated by the attendant, there was no significant lack of employees on that shift and the absence of one person could not cause significant work overload to the point of attracting the company's responsibility for the accident. The rapporteur also noted that the team was made up of 12 to 13 employees, there was no increase in working hours on the date of the accident and the night shift is the busiest. "There is no way to condemn FCD without proof of intent or guilt on the part of the employer." The decision was unanimous. With information from the TST press office .
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發表於 2024-3-9 18:29:44