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The 3rd clbad of the TRT-PR, which converted the dismissal into nullity, granted the employee the right to severance pay, and understood that the sentence imposed was not proportional to the the seriousness of the offense committed, especially since the employee was not the attitude of the employee, who was working in the November business 2012 to December 2014, was discovered by the general manager after the establishment of a freezer package in the freezer.
Burger King potatoes. The conduct of this official was confirmed by witnesses. McDonald & # 39; s then sanctioned the worker with dismissal for cause.
The employee called the Labor Court to request the quashing of the decision without just cause. Throughout the process, the complainant claimed that there was no bad faith because nothing had been gained in exchange for his gesture. and that the product was then returned without loss to the company. According to the worker, the attitude was altruistic.
The officer also pointed out that in the shopping center where the two stores are located, the exchange of organic products between stores was a routine procedure authorized by the manager.
In her defense, the employer stated that the employee was in contradiction with the internal policies and procedures of the establishment, because the delivery of products, whether at the expiration of the period of validity or for any other reason, should: be carried out with the permission of the operating consultant. The company also pointed out that, by its law, the employee had violated the secrecy standards. These rules of conduct, according to the company, are described in the "Manual of Work Practices and Security Policy" of the institution, signed by the manager.
The decision of the first degree was favorable to the fast food company.
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