The Regional Labor Court of the 22nd Region ruled by majority to overturn a dismissal for just cause and ordered payment of the severance benefits due in cases of dismissal without just cause. The case involved a worker who served as a driver's assistant and was dismissed on allegations of dishonesty, misconduct, and insubordination, based on messages exchanged in WhatsApp groups. The employer claimed that the employee had expressed himself inappropriately in company groups, causing disruption and disrespecting coworkers.

The reporting judge considered that the evidence presented was insufficient to justify dismissal for just cause. The evidence consisted primarily of WhatsApp conversation screenshots and notarial records, documenting dialogues between December 30, 2023, and August 4, 2024. According to the decision, the body of evidence did not demonstrate behavior serious enough to break the trust necessary for the continuation of the employment relationship. The court found that the conversations took place in informal, non-corporate groups, involving everyday complaints about work issues.

The decision highlighted important aspects related to LGPD (Brazil's General Data Protection Law). The judge observed that, in order to create WhatsApp groups in companies while complying with the LGPD, it is essential to obtain explicit consent from members for the processing of personal data, clearly define the purpose of the group, and adopt security measures such as encryption and secure backups. The law regulates the processing of personal data with the objective of protecting fundamental rights of freedom, privacy, and the free development of personality.

The court also noted that the company had not adopted adequate preventive measures, such as establishing clear rules on the use of WhatsApp groups, providing training to educate workers, and strengthening internal dialogue. The absence of these measures was considered relevant in evaluating the employee's conduct within the organizational context.

The case provides important lessons for organizations. The first is the regulation, through internal policies, of the communication channels to be used for work purposes. These policies should set out the rules for the use of communications and also establish that such groups may be monitored, as work tools, including for security purposes.

This post was summarized from the original court decision using AI, with human review.

TRT22/RO No. 0001050-84.2024.5.22.0001