In the judgment, the reporting judge emphasized that the collective interest must prevail over the employee’s personnel; case happened in São Caetano do Sul
The 13th Panel of the Regional Labor Court of the 2nd Region of São Paulo validated the dismissal for just cause of a cleaning assistant who worked in a children’s hospital in Sao Caetano do Sul and who refused to be immunized against the Covid-19 twice, even after the institution had carried out awareness campaigns. The first time she refused the vaccine, the employee was warned. The second time, the hospital discharged her for cause. The waiver was validated by the lower court, which considered the refusal to be a serious misconduct, in May this year. The employee’s serious misconduct results in the employer’s unilateral termination of the contract. Last Monday, 19th, the 2nd instance of the TRT-2 validated and confirmed the decision.
Judge-rapporteur Roberto Barros da Silva highlighted that the employee’s conduct in the face of the gravity and breadth of the pandemic would endanger the lives of all hospital attendees and that, in this case, the collective interest should prevail over the employee’s personnel. “Thus, considering that the defendant outlined strategies for the prevention of Covid-19, disseminated information and prepared an awareness program to ensure the adoption of protective measures and vaccination of its employees, it is not reasonable to accept that the employee’s private interest prevail over the collective interest, because, by failing to take the vaccine, the complainant would really put the health of her company colleagues at risk, as well as the other professionals who work at the said hospital, in addition to patients, and their caregivers.”, stated.