The recent decision by the 3rd Labor Court of Barueri (SP), which upheld the dismissal for just cause of a worker for practicing moral harassment against colleagues, raises a red flag for all companies. In the case judged, it was proven that the employee repeatedly engaged in conduct of belittling, persecution, and social isolation in relation to other colleagues in the sector, which compromised the work environment and resulted in a breach of trust essential to the continuation of the employment relationship. This precedent reinforces the responsibility of companies to prevent and repress abusive conduct, even when practiced between employees of the same hierarchical level, the so-called horizontal harassment.
From a legal standpoint, horizontal workplace harassment, although not always receiving the same attention as vertical harassment (perpetrated by superiors), can constitute just cause for dismissal when it compromises dignity, psychological integrity, and coexistence in the work environment. Article 482 of the Brazilian Labor Code (CLT) stipulates that acts harmful to the honor or good reputation of colleagues, committed in the workplace, are subject to the maximum punishment: dismissal for cause. In the case under analysis, in addition to the testimonial evidence confirming the offensive and discriminatory behavior of the employee, the court considered that the company adopted prior measures, such as warnings and the transfer of the harasser to another department, before applying the penalty of dismissal, demonstrating respect for the principle of proportionality.
The decision highlights the employer's duty to act as a guarantor of a healthy and respectful environment. Even if the harassment does not originate from a hierarchical superior, the company's omission in the face of harmful conduct among colleagues can result in civil and even labor liability. In other words, negligence regarding this type of conduct can generate significant liabilities, lawsuits for moral damages, and, in extreme cases, fines from labor inspection agencies.
To prevent risks, it is essential that companies adopt clear policies to combat workplace harassment, implement secure and confidential channels for reporting, promote regular training on ethical conduct, and maintain formal records of warnings and internal investigations. An impartial and swift investigation of any complaint, even when those involved are colleagues of the same level, demonstrates institutional seriousness and protects the company from future questioning.
Furthermore, Human Resources departments and team managers should be trained to identify signs of horizontal harassment and intervene early. Simple strained relationships or tasteless jokes, when systematic and targeted, can already constitute workplace abuse. Preventive action is more effective and less costly than reacting after the damage has already occurred.
If your company hasn't yet reviewed its internal policies on conduct, harassment, and disciplinary sanctions, now is the ideal time to act. Our team is available to assist in building a safer work environment, guiding you in developing codes of ethics, procedures for investigating complaints, and labor compliance measures.
Our firm has a team specializing in Corporate Labor Law, with extensive experience in providing preventative and litigation advice to companies in a wide range of sectors. We are ready to help your organization avoid risks, strengthen its internal culture, and ensure compliance with current legislation.
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