TRT- denies Metrô Rio's request to stop assisting injured workers

kulsumkhatun488

Because she did not see arbitrariness and illegality, judge Carina Rodrigues Bicalho, from the Regional Labor Court of the st Region (RJ), denied an injunction in a writ of mandamus and maintained the decision of the th Labor Court of Rio de Janeiro that forced Metrô Rio to pay -hour carer and rental of adapted property for a -year-old dealership employee who was left in a vegetative state after suffering an accident at work. Disclosure/MetrôRio Metrô Rio must pay caregiver and rent for injured worker Disclosure/MetrôRio In February , the man, while carrying out his duties, suffered a serious brain injury, which left him in a vegetative state. His mother, represented by lawyers João Tancredo , Felipe Squiovane and Martha Arminda Tancredo , went to court to ask that Metrô Rio cover the costs of the accident. In January, the th Labor Court of Rio granted advance relief to order the concessionaire to pay a monthly pension to the worker and his mother. In addition, he ordered the payment of psychiatric medical treatment for the mother. In March, the court forced Metrô to also cover the costs of -hour care and renting an adapted property.

According to judge Ana Teresinha de Franca Almeida e Greece Phone Number Silva Martins, the concessionaire is objectively responsible for the work accident. Metrô Rio filed a writ of mandamus against the decision. According to the dealership, the accident was the sole fault of the victim. Thus, the company argued that it would not be responsible for what happened. In a decision dated May , judge Carina Rodrigues Bicalho stated that, at first glance, it is not possible to say that the decision of the th Rio Labor Court was arbitrary or illegal. According to the judge, the decision has a legal basis in the general power of caution, used as an instrument to guarantee the effectiveness of judicial provision. Bicalho also highlighted that, to conclude whether the accident occurred due to the fault of the victim or Metrô Rio, it is necessary to analyze the evidence, something that is not possible in a writ of mandamus.The "prince's fact" thesis is not applicable to layoffs caused by difficulties arising from government restrictions to contain the Covid- crisis.



Thus, the th Labor Court of Fortaleza ordered a company to pay severance pay to a barbecue chef. reproduction Company told the worker that the dismissal was due to the "prince fact" Reproduction The employer, judged in absentia, had alleged to the author that the "prince's event", provided for in article of the CLT, had occurred. According to the rule, if the State carries out an administrative act that makes business activity unfeasible and generates layoffs, it is up to the State itself to pay the workers' severance pay. However, judge Milena Moreira de Sousa considered that "the determination to stop various activities by public authorities did not occur in a discretionary manner", nor was it aimed at the interest or advantage of the public entity. The rules would have been imposed only to protect the public interest and preserve the physical integrity of the population. Thus, the Court ordered the company to pay the balance of salary, th salary, proportional vacations, FGTS deposits and a fine. With information from the TRT- press office .