Brazilian courts curb unjust dismissals for cause in medical‑leave and privacy cases

Brazilian labor courts have issued several rulings that overturn dismissals for just cause when the evidence is questionable or the employee’s conduct is deemed incompatible with medical leave.

In Ipojuca, a kitchen assistant was dismissed after posting Instagram videos in which she said she would fake diarrhea and vomiting to obtain a medical certificate. The judge found the videos to be a clear, voluntary confession of intent and upheld the termination on grounds of deliberate fraud.

The Superior Labor Court (TST) annulled the just‑cause dismissal of a pregnant supervisor after her employer accessed her personal WhatsApp messages via WhatsApp Web on a company computer. The Court ruled the intrusion violated privacy and the messages could not constitute proof of wrongdoing, granting her stability pay and reinstating her rights.

A similar TST decision involved a supervisor at Nudua Comunicação, where printed screens of her WhatsApp conversation were deemed illicit evidence. The dismissal was reversed and the employee awarded compensation for the period of gestational stability.

A São Paulo labor court upheld a termination after a worker was photographed at a beach while on certified medical leave. The judge ruled that the activity was incompatible with the stated health condition, constituting a serious breach of trust that justified dismissal.