Workers dismissed via message app may no longer be able to obtain compensation validated by the Labor Court, especially in view of the need for isolation generated by the Covid-19 pandemic.
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According to judge Rilma Aparecida Hemérito, from the São Paulo Regional Labor Court (2nd Region), the Whatsapp ended up becoming a great communicational ally during the health crisis.
Therefore, when requesting compensation on the grounds that the company's dismissal took place unofficially, workers may receive a negative opinion without concessions.
Processes involving dismissals by WhatsApp
According to data from Data Lawyer Insights, around 144,000 lawsuits involving the terms “dismissal”, “WhatsApp” and “moral damages” were filed between 2017 and 2021. Of this total, 103 were opened during the Covid-19 pandemic.
“In a scenario where it is possible for workers to develop their activities anywhere in the world, why would communication and the other waiver procedures to take place in person?”, evaluated Matheus Cantarella Vieira, lawyer at Souza, Mello e Towers.
Among the cases of denial of the request, we can cite as an example a decision by the TRT of Rio de Janeiro, which denied the request for moral damages to a worker when stating that the message about the dismissal, sent privately and not in public groups, did not cause embarrassment to the employee.
On the other hand, another case involving a maid had a different result, which guaranteed compensation of three minimum wages to the worker. The reason was the offensive tone of the message sent by the employer: “Good morning. You are fired. Return my house keys and card. You will be contacted shortly to sign documents.”
