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Motoboy blocked in food app will be compensated in R$ 10 thousand

A motoboy who worked for a digital food delivery platform went to court for being blocked by the company, and should receive compensation of R$ 10,000 for moral damages and loss of profits, in addition to R$ 200 daily since the blockade.

The delivery guy stated that he was blocked by the app in late December 2018 due to an issue that occurred at the restaurant.

The shutdown happened despite the delivery man’s attempts to justify the delay in processing the consumer’s order. The motoboy claims to have lost, on average, R$ 200 per day after the blockade.

In March 2019, the motoboy filed the lawsuit, with an urgent request to have the registration in the application reestablished within five days, compensation for lost profits and moral damages.

The company that managed the platform contested the accusations, stating that, in fact, the driver was blocked for entering the partner restaurant screaming and mistreating the team due to the delay in releasing the customer’s order.

The company stressed that it demanded high quality delivery from its employees and maintained that the facts were not subject to moral reparation.

In May 2022, Judge José Maurício Cantarino Villela, from the 29th Civil Court of the capital, granted the delivery man’s request.

He considered that the company did not give the professional the opportunity to defend himself, which, in itself, is enough to reestablish the registration until the issue is clarified between the company and the employee.

The magistrate added that the platform did not prove that the delivery man adopted incompatible conduct in the exercise of his activity, as the document presented in the file refers to another restaurant and there is no evidence that the driver has been there.

For the judge, the case “completely deviates from any standard of tolerable situation, violating personality rights, such as physical and mental integrity, to the point of breaking the psychological balance of the human person”.

The company appealed, arguing that the delivery person was aware of the contractual clauses and agreed with the terms that authorize the person to be disconnected.

For justice, the company is not obliged to keep in its staff who it does not want, however, the contractual termination must be based on concrete elements and robust evidence, which according to the judge, did not happen in this case, since the company took a unilateral decision.

The decision of the 15th Civil Chamber of the Court of Justice of Minas Gerais is subject to appeal.

Source: CNN Brasil

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