Roldão Atacadista is ordered to pay severance pay after dismissal of autistic mother

The Labor Court ordered Roldão Atacadista to pay the severance pay of an employee who was fired after questioning charges for the health plan used to treat her autistic son in Praia Grande, on the coast of São Paulo. The decision followed an appeal filed by the worker's defense, whose identity was preserved.

The woman is the mother of a boy with Autism Spectrum Disorder (ASD) and was dismissed from the company in October 2023, days after questioning the Human Resources (HR) sector about a debt of more than R$35,000 relating to co-participation in the child's therapies.

In March 2024, the court at first instance considered the dismissal discriminatory. The judge of the 2nd Praia Grande Labor Court ordered the employee's reinstatement, which occurred on April 8, in addition to the payment of retroactive salaries and compensation of R$50,000 for moral damages.

This month, the 15th Panel recognized the need to analyze the request and found the irregularity that occurred in the termination. The Consolidation of Labor Laws (CLT) determines that any compensation made in the payment of severance pay cannot exceed the equivalent of one month of the employee's remuneration.

In the decision, the rapporteur attributed the value of R$ 15 thousand to the conviction. However, the lawyer informed that the total should be higher if the woman's new period of work is considered, who was reinstated in April and continues to work.