The Plenary of the Superior Labor Court established this Monday (24/02/2025) 21 binding theses and admitted 14 new incidents of repetitive appeals. The improvement in the wording of the theses is scheduled for the week following Carnival, before they are sent to the ministers for final approval.  

Binding understandings affirm and consolidate understandings of the Superior Court, in order to bring legal certainty to the country. All 21 binding theses published are understandings issued by the TST collegiate body, without any divergence between them. 

One of the theses standardized by the TST that generated a binding understanding was dealt with in RRAg 00006761-75.2023.5.04.0611, an understanding was given in the TRT of origin that the employer did not present robust evidence in the case records regarding the alleged impropriety and misconduct practiced by the employee. The understanding was maintained by the TST.  

The fact is that just cause comes from a wrongful act by the employee who, by violating some legal or contractual obligation, explicit or implicit, allows the employer to terminate the contract.  

The ministers' understanding considered that the absence of evidence of the act of impropriety and bad conduct, as well as the absence of proof of financial loss to the employer, does not validate the dismissal of the employee for just cause.   

The ministers' understanding also provided for the possibility of the employer being sentenced for moral damages if the termination for just cause is converted in court, due to the characterization of damage. in re ipsa, damage that is presumed and does not require proof of emotional suffering. The standardization of understanding will affect numerous lawsuits pending in labor courts that discuss the matter.  

Therefore, in order to avoid any harm to the employer, the recommendation is that if any act by the employee that constitutes just cause under article 482 of the CLT is verified, especially in cases of misconduct and misconduct, an investigation should be carried out in the company, including the hearing of the employee under investigation and of co-workers, the latter when necessary, in order to provide robust evidence regarding the harmful act promoted by the employee towards his/her employer. This is also the recommendation that we make to our clients, so that any procedural and financial harm can be avoided.