Audiência Trabalhista 07 - 0024365-50.2016.5.24.0007 - Justa Causa

Hearing on Employment Dispute

Overview of the Case

• The hearing is regarding case number 24365/2016 involving Robson Santos Medrado de Palma, concerning a dispute over employment termination and compensation.

• Initial discussions indicate that there are significant gaps between the proposals from both parties, with attempts to negotiate an agreement having failed.

Proposal for Reversal

• A proposal was made for "reversal," which refers to reinstating the employee's position or compensating him without waiving any rights.

• The attorney discusses the employee's background, including a six-year tenure and circumstances leading to his dismissal.

Financial Aspects of Termination

• The attorney reviews financial details related to the employee’s termination, including severance pay calculations based on previous earnings.

• Breakdown of owed payments includes proportional 13th salary, vacation pay, and penalties associated with the termination.

Risk Assessment in Settlement

• Discussion about dividing risks associated with potential liabilities arising from the case; suggests splitting certain costs between parties.

• The company expresses reluctance to settle at proposed amounts due to prior investigations into just cause for termination.

Final Negotiation Attempts

• An offer of R$2,000 is presented as a personal concession by one party without formal company approval.

• Further negotiations lead to a counter-offer but ultimately reveal that reaching an agreement remains challenging.

Employee Testimony

• Robson is instructed on how to respond during questioning; he confirms his employment history and roles within the company.

Overview of Charging Procedures for Truck Deliveries

Introduction to the Charging System

• The charging system for truck deliveries was systematic and standardized, implemented after one year of operation at the location.

• Charges were applied per delivery made by trucks, with payments collected from truck drivers and transport suppliers.

Responsibilities in Payment Collection

• The speaker confirmed their role in receiving payment alongside a colleague, which was then forwarded to the financial department.

• Initially, there was no functioning scale; however, after a year, they began weighing trucks as part of the new charging process.

Work Schedule and Timekeeping

• The work schedule consisted of 7 AM to 5:30 PM with a lunch break from 12 PM to 1:10 PM.

• All working hours were recorded accurately on time sheets, including instances when they worked beyond scheduled hours.

Circumstances Leading to Dismissal

Return from Vacation and Audit Initiation

• After returning from vacation in January, an audit was conducted by company officials seeking clarity on operational routines.

• During this audit, discrepancies were raised regarding potential fraud related to receipt handling.

Allegations of Fraud

• The speaker defended against allegations of fraud by explaining that all transactions were processed through a system; manual receipts were only used under specific circumstances approved by management.

• They expressed confusion over claims that they had manipulated values since all records were systematically managed.

Transition from Manual to Systematic Processes

• The speaker worked closely with a colleague named João Salviano who performed similar tasks until the transition occurred about a year into their employment.

• Initially reliant on manual processes for issuing receipts based on established tables before transitioning fully into systematic entries.

Details Surrounding the Audit Process

Key Figures Involved in the Audit

• Upon returning from vacation, an audit led by Pascoal and other security heads aimed at clarifying operational discrepancies took place.

Discrepancies Identified During Audit

• Differences between recorded amounts in the system versus manually filled receipts raised concerns during audits.

Financial Discrepancies and Manual Receipts

Overview of the Financial System Vulnerability

• The witness explains that a manual receipt was filled out, but it wasn't recorded in the system. They express uncertainty about why this occurred, indicating a vulnerability in the financial system.

• The witness recalls that when receiving money at the gate, they would create a draft receipt before entering data into the system, suggesting a potential for errors or omissions.

• They describe their process of creating manual receipts upon transport arrival and immediately logging them into the system to avoid confusion.

Issues with System Security

• The witness highlights security flaws in the system, noting that computers were left unattended without passwords during breaks, increasing risks of unauthorized access.

• There is speculation about third-party alterations to the financial records due to these vulnerabilities. The witness mentions only locking up cash in a safe when leaving.

Investigation and Consequences

• Following an internal investigation prompted by discrepancies between manual receipts and system records, both the witness and another employee were suspended for 11 days.

• Upon returning from suspension, they faced termination based on allegations of misappropriating funds linked to missing money not reflected in reports.

Audit Findings

• An audit revealed no additional discrepancies beyond those associated with the manual receipt created by the witness. This led to their dismissal alongside another employee due to unresolved issues regarding missing funds.

Witness Testimonies Regarding Employment

Introduction of Witnesses

• A new phase begins where witnesses are called to provide testimonies related to employment matters concerning contract termination and responsibilities within the company.

Background Information on Witnesses

• Airton Verga is introduced as a key witness; he has been employed since 2001 as an administrative assistant in finance without any familial ties or conflicts with management noted.

Work Dynamics Explained

• Airton describes his role involving coordination with other departments for receiving goods and issuing receipts while maintaining accurate financial records through systematic entries.

Payment Discrepancies in Transport Operations

Overview of Payment Processes

• The witness describes the payment process for unloading, noting that payments made to "chapas" (workers) often exceeded the amounts received from transport companies.

• Payments to chapas were based on a predetermined schedule, which was supposed to match the amounts received from trucks.

Investigation into Payment Differences

• A discrepancy arose between what was paid to chapas and what was received from transporters, prompting an investigation.

• The manager noticed inconsistencies in monthly reports and requested an audit due to these discrepancies.

Findings of the Audit

• It was questioned whether differences could arise from transport companies underreporting their receipts; however, it was clarified that there was a fixed table for payments.

• The audit revealed that less money had been received than what had been paid out to chapas, indicating potential mismanagement or fraud.

Role of the Witness in Financial Oversight

• The witness's role involved verifying services but not directly tracking all transactions; they only confirmed totals against reports.

• They stated they couldn't confirm if there were discrepancies between manual receipts and system entries since their job focused on report verification.

Conclusion of the Audit Process

• The witness confirmed daily checks against reported figures but noted that any unreported receipts would be outside their knowledge.

Testimony Overview

Witness Introduction and Background

• The witness discusses discrepancies between amounts received from transport companies and what was paid to employees, indicating a potential issue in financial reporting.

• The witness is asked to provide personal details, including marital status and current employment situation, revealing he is currently unemployed.

• The witness confirms his employment history at the company from November 16, 1999, to December 14, 2015, serving as an operations manager.

Legal Context and Allegations

• The witness has filed a lawsuit against the company for issues related to job function misclassification and salary recovery but not for moral damages.

• Emphasis on the importance of truthfulness in testimony; false statements could lead to legal repercussions such as fines or charges of perjury.

Details of Employment and Dismissal

• The witness recounts that he continued working with the company for six months after leaving his managerial position as a consultant delivering goods.

• He provides insight into the circumstances surrounding another employee's dismissal (Robson), stating it was due to alleged theft of funds during merchandise receipt processes.

Accusations Against Robson

• Robson was accused of being involved in financial misconduct related to cash handling during deliveries.

• The specific allegation against Robson involves diverting funds received from transport companies.

Employee Performance Assessment

• Discussion about Robson’s performance at work; there were claims of discrepancies in account settlements which led to accusations against him.