Worker fired for using excavator in flood reverses just cause and wins R$20,000

A worker was fired for cause after using a company excavator to try to remove himself and colleagues from an area isolated by flooding. Justiça of Trabalho reversed the penalty and ordered the payment of compensation for moral damages in the amount of R$20,000. The decision is made by the 2nd Turma of the Tribunal Regional of the Trabalho of the 4th Região. The panel fully confirmed the first degree sentence.

The case happened at the beginning of May 2024. The group was working on building a tunnel for a dam in the region hit by heavy rains. The river level rose, causing landslides and blocking access roads. The employees were left stranded, without communication, water or food. The situation was considered critical by those involved.

Ilhados unsupported, group faces immediate risk

The worker decided to use the excavator to open a passage and remove his colleagues from the site. The equipment jammed during the maneuver. The company attributed the damage to the machinery to the employee and dismissed him for just cause. Argumentou that the act was deliberate and caused damage to an expensive, leased asset.

Depoimentos collected in the process confirmed the severity of the scenario. Chuvas torrential torrents isolated the group that night. Não there was no food or water at the scene. The risk of death was imminent, according to reports. The company maintained that guidelines for safe movement existed and that workers were not abandoned.

• Chuvas intense pressure raised the river and blocked access
• Desmoronamentos worsened the team’s isolation
• Falta communication prevented immediate help request
• Grupo spent hours without food and water
• Escavadeira used in attempt to create exit route

Judge Márcia Carvalho Barrili, from the 2nd Vara of Trabalho of Santa Maria, analyzed the evidence. Ela noted that the application of just cause requires a robust demonstration of serious misconduct. The testimonies reinforced the emergency experienced by the workers.

Sentença highlights attitude as justifiable and praiseworthy

The judge considered the worker’s conduct proportional to the danger. Ele took a risk to save himself and his colleagues. The decision converted dismissal for just cause into dismissal without just cause. Além compensation of R$ 20 thousand for moral damages, severance pay was granted. Entre them, advance notice, proportional vacations, proportional 13th salary, FGTS with a 40% fine and average health hazard premium. Parte’s requests were accepted.

The company turned to TRT-RS. Sustentou framing the conduct in the articles of article 482 of the CLT, such as improbity, bad behavior and insubordination. The 2nd Turma board did not accept the arguments. The rapporteur, judge Tânia Regina Silva Reckziegel, stated that there was no evidence of conduct capable of justifying the maximum penalty.

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Turma fully maintains first instance understanding

Judges Marçal Henri of Santos Figueiredo and Gilberto Souza of Santos followed the rapporteur’s vote. The ruling considered the employer’s unlawful act to have been demonstrated by applying undue just cause. Compensation for moral damages was preserved. The parties did not appeal the final decision.

The process took place in Núcleo of Justiça 4.0 of the 2nd Vara of Trabalho of Santa Maria. The action involved a request for reversal of the dismissal, severance pay and moral reparation. Testemunhas heard reinforced the context of risk experienced by the team. The initial sentence had already recognized the absence of serious misconduct.

Decisão reinforces context analysis in emergency cases

Situações of natural disaster require specific assessment of the employee’s conduct. Tribunais consider concrete circumstances before validating extreme penalties. Nesse episode, the oral test was decisive in ruling out the just cause. The value of the compensation took into account the suffering imposed by the punishment after the risk faced.

The company Fraga Construções and Engenharia worked on the project. The machinery involved was leased. The employer’s defense alleged operational disruptions and material losses. The court, however, prioritized the preservation of life and the proportionality of the worker’s reaction to the flood.

Short Parágrafos alternate with denser ones to set the factual rhythm. The opening brought the essential in the first lines. The body detailed the positions of the parties, the basis of the sentence and the ruling. Subtítulos highlight different angles of the episode, from the emergency to the judicial solution.