The recent decision by the Regional Labor Court of the 2nd Region (TRT-2), which confirmed the dismissal for just cause of an employee caught gambling during working hours, is a strong reminder of the importance of ethics and responsibility in the workplace.
The case reinforces that trust between employer and employee is essential. Behaviors such as gambling during working hours not only distract from tasks, but can also be classified as “bad behavior,” as provided for in article 482 of the Consolidation of Labor Laws (CLT). This behavior is considered a serious offense and sufficient to justify termination of employment for just cause.
The TRT-2 decision highlights that just cause should be applied in cases where there is an irreparable breach of trust between the parties. In this specific case, the employee's behavior was considered incompatible with the expectations of commitment and responsibility required by the employer.
The CLT provides for several hypotheses of just cause that authorize the termination of the employment contract by the employer. Among the main reasons are acts of impropriety, incontinence of conduct, bad conduct, negligence, insubordination, abandonment of employment and violation of company secrets.
In the understanding of the courts, bad conduct is characterized by behaviors that demonstrate disloyalty or serious inadequacy within the professional environment.
Similar decisions have already been made in cases of improper use of working hours for gambling, browsing inappropriate websites or unauthorized activities. These behaviors compromise productivity and the corporate environment, justifying severe disciplinary measures.
Employers can invest in clear conduct policies and transparent communication, as well as reinforce institutional values and establish well-defined rules to prevent violations.
Maintaining an ethical and productive work environment is a shared responsibility. The TRT-2 decision makes it clear: inappropriate behavior at work will not be tolerated. Ethics and commitment are essential to the success of any professional and organization.