TST maintains just cause for worker who was not vaccinated against Covid-19

The Labor Court decided to maintain the dismissal for just cause of a worker who refused to be vaccinated against Covid-19 in 2021 in Aracaju, capital of Sergipe. She worked as a concierge at a residential condominium and claimed that she could not take the vaccine because she had cardiac arrhythmia, which made her fearful of possible adverse reactions to the vaccine.

The worker appealed her dismissal and was denied by the third panel of the Superior Labor Court (TST), according to the decision published this week. She claimed that the dismissal was discriminatory and requested compensation for moral damages.

This is the TST’s first decision on the matter, which has generated several legal actions related to dismissals for refusing the vaccine. According to the legal metrics company Data Lawyer Insights, around 3,500 cases related to this topic are in progress, totaling R$458.78 million in lawsuits.

The 9th Labor Court of Aracaju and the Regional Labor Court of Sergipe (TRT-SE) rejected the request to reverse the dismissal for just cause and considered the employee’s refusal to be an act of indiscipline and insubordination, putting the physical integrity of employees at risk. co-workers, residents and visitors to the condominium.

The condominium manager justified the dismissal by claiming that all other employees presented at least proof of the first dose of the vaccine, except her. This, she stated, made the situation “unsustainable”, as she had direct contact with residents and other workers.

The concierge disputed the statement and said that proof was not required.

The rapporteur of the case at the TST, Minister Alberto Balazeiro, argued that the unjustified refusal of collective immunization cannot override life and collective health, emphasizing that compulsory vaccination is provided for in Law No. 13,979 of 2020, prioritizing the collective interest. The judge also highlighted that the rule was considered constitutional by the Federal Supreme Court (STF).

The Public Ministry of Labor (MPT) maintains the guidance that dismissal for just cause should not be the first measure, but it is a possibility when it comes to refusing the Covid-19 vaccine, even with the decline of the pandemic.