Brazil's TST increases indemnity for worker dismissed after requesting protection from domestic violence

The Superior Labor Court (TST) has increased the compensation for a coffee server from R$ 10,000 to R$ 30,000 after she was dismissed via WhatsApp. The dismissal occurred after the employee requested a shift change to comply with a protective order against her ex-partner, who was also an employee at the same company.

The worker, a victim of domestic violence and death threats, sought to avoid contact with her ex-partner due to overlapping work shifts. The company refused the request, stating that “personal problems should be resolved at home,” and subsequently terminated her employment.

Justice Minister Mauricio Godinho Delgado ruled that the dismissal was discriminatory and carried a clear gender bias, which exacerbated the worker's vulnerability. The court's decision cited the Maria da Penha Law, the Brazilian Constitution, and international standards from the International Labour Organization (ILO) to emphasize that insufficient compensation could contribute to the normalization of violence against women.