The Labor Court of Rio de Janeiro suspended, on Tuesday (10), the dismissal of the commercial director of B2W Digital, from Americanas.com, Anna Sotero.
According to the lawsuit, Sotero had been away from his activities since the end of 2021 due to burnout, was discharged by his psychiatrist on January 3 and re-introduced himself to the company. Classified by the WHO (World Health Organization) as an occupational disease, burnout is caused by professional exhaustion and its main symptom is excessive fatigue. According to the lawsuit, she was fired by Americanas.com in the same week and sought the TRT-RJ (Regional Labor Court of Rio de Janeiro) on the 6th.
wanted by Sheet via email and phone, the company did not respond. The report also questioned lawyer Rafael Tavares Tomhé, indicated in the dispatch as a representative at Americanas SA He stated that he was not authorized by the client to comment on the process.
Until 3:50 pm this Friday (13), the defense of Americanas SA had not filed an appeal against the decision of the Rio de Janeiro Labor Court, according to consultation with the process, which is public.
The Justice determined, in a preliminary decision of the first instance of January, the immediate reintegration of the director, under penalty of a fine of R$ 50 thousand. The reestablishment of labor benefits was also defined, which includes the health plan.
Americanas.com did not comply with the decision until last Tuesday (10) and the titular judge, Monica de Almeida Rodrigues, determined the extension of the executive’s license until the expertise that will assess whether there is incapacity for work.
In the dispatch, Rodrigues states that only the INSS (National Institute of Social Security) can assess whether Sotero has recovered from occupational illnesses and is able to return to professional activities.
Americanas SA is going through a liquidity crisis, since its then president announced, on Wednesday (11), that he found “inconsistencies” of R$ 20 billion in the company’s balance sheet and resigned afterwards.
In 2021, the company combined the operations of the digital and physical platform and promoted a simplification of the corporate structure, giving rise to Americanas SA – the new company started to gather the assets of Lojas Americanas and B2W, owner of Americanas.com, Shoptime and Submarino .
The executive’s representative, lawyer Ana Cristina Gameleira, told the report that she considered that the dismissal was illegal, since labor legislation prohibits removing employees who are sick due to their professional practice.
“Unemployment at a time when the person is returning to work, after a period of sick leave due to burnout, according to the attached medical certificate, not only reduces their remuneration to the point of making their treatment unfeasible, but also imposes more stress related to the professional issue, which causes her clinical condition to be affected”, said the lawyer, in the petition to the TRT-RJ.
According to the lawyer, the commercial director developed the first symptoms in 2018, began to have psychiatric follow-up in 2019 and left work in 2021.
According to the lawyer, the company only confirmed the employee’s burnout status in May 2022 and issued a certificate of unfitness. In November, the INSS approved the granting of sick pay.
“She was very worn out when she was received with a box of her belongings packed. Now, she needs to get back on her feet.”
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