Post by anik4500 on Feb 25, 2024 2:57:24 GMT -5
Their place of work does not constitute a risk. Therefore, any transport accidents that occur due to the worker's fault are not the employer's objective responsibility. 123RF An employee had an accident while carelessly getting off a bus provided by the company 123RF Based on this understanding, the 1st Panel of the Regional Labor Court of the 10th Region (DF) confirmed the decision that dismissed the claims for moral and material damages from a worker who suffered an accident while traveling to work. In this specific case, the worker, who worked as a sweeper at the company, fell when getting off the bus provided by the employer. She fractured a knee, the left tibial plateau and was left with sequelae from trauma to the muscles and tendons of the lower limbs.
The court of the 4th Labor Court of Brasília dismissed the requests based on testimonial evidence that the worker had an accident when getting off the bus in an inattentive manner. The rapporteur of the case at TRT-10, judge Grijalbo Fernandes Coutinho, voted to grant the appeal, but was defeated by a disse Chinese American Phone Number List nting vote from judge André Damasceno, who was accompanied by the majority of the panel and was responsible for the ruling. In the dissenting vote, Damasceno explained that, despite the causal link between the worker's injury and the work incapacity certified by an expert, it would be necessary to prove the causal link between the accident and the employer's activity. "For the application of objective liability, anyone who, when undertaking a certain activity, produces a risk, must compensate for any damages related to this risk, disregarding any consideration regarding their fault.
However, the provision of transport does not characterize the risk for the home-work-home route", he stated.As established by Precedent 683 of the Federal Supreme Court, the age limit for registration in public competitions is only legitimate when it can be justified by the nature of the duties of the position to be held. This was the basis adopted by the 2nd Panel of the Special Public Treasury Court of the São Paulo Court of Justice to grant an injunction and maintain the candidacy of a man whose age exceeds the limit determined by the competition notice for the Metropolitan Civil Guard. Municipal Civil Guard of Salto Decision guarantees participation of candidates older than the age determined in the notice Municipal Civil Guard of Salto In this specific case, the initial competition notice established that one of the admission requirements was a minimum age of 18 and a maximum of 35 years.
The court of the 4th Labor Court of Brasília dismissed the requests based on testimonial evidence that the worker had an accident when getting off the bus in an inattentive manner. The rapporteur of the case at TRT-10, judge Grijalbo Fernandes Coutinho, voted to grant the appeal, but was defeated by a disse Chinese American Phone Number List nting vote from judge André Damasceno, who was accompanied by the majority of the panel and was responsible for the ruling. In the dissenting vote, Damasceno explained that, despite the causal link between the worker's injury and the work incapacity certified by an expert, it would be necessary to prove the causal link between the accident and the employer's activity. "For the application of objective liability, anyone who, when undertaking a certain activity, produces a risk, must compensate for any damages related to this risk, disregarding any consideration regarding their fault.
However, the provision of transport does not characterize the risk for the home-work-home route", he stated.As established by Precedent 683 of the Federal Supreme Court, the age limit for registration in public competitions is only legitimate when it can be justified by the nature of the duties of the position to be held. This was the basis adopted by the 2nd Panel of the Special Public Treasury Court of the São Paulo Court of Justice to grant an injunction and maintain the candidacy of a man whose age exceeds the limit determined by the competition notice for the Metropolitan Civil Guard. Municipal Civil Guard of Salto Decision guarantees participation of candidates older than the age determined in the notice Municipal Civil Guard of Salto In this specific case, the initial competition notice established that one of the admission requirements was a minimum age of 18 and a maximum of 35 years.