'Dancing and lifting crutches': worker with medical certificate is fired for just cause after being caught at Oktoberfest

Worker on leave with a certificate is fired for just cause after being seen dancing The Labor Court of Blumenau, in Santa Catarina, upheld the dismissal for just cause of an employee who was caught dancing at Oktoberfest while on sick leave. The worker filed a lawsuit asking for the cancellation of the just cause and the receipt of more than R$123,000 in labor rights. He claimed that the dismissal was unfair. The case is still subject to appeal. The name of the employee and the company were not revealed by the Judiciary. ?Click and follow the g1 SC channel on WhatsApp Employee suffered a motorcycle accident and received a certificate According to the records of the 4th Labor Court of Blumenau, the employee suffered a motorcycle accident in traffic on his way out of work and broke his ankle on October 17, 2025. He underwent surgery to place a plate and screws in the bone and received a certificate from the doctor advising him to rest for 90 days. However, just six days after the accident, the worker was seen dancing in traditional costumes at Oktoberfest, the biggest German festival in the Americas. Audience at Oktoberfest Blumenau 2025 Daniel Zimmermann Employee filed a lawsuit against the company After the incident, the man was fired for just cause and filed a lawsuit to receive severance pay, in addition to asking for compensation for moral damages. "In this context, participation in an event of this nature, with the participation of the employee dancing, including lifting crutches, reveals conduct incompatible with the seriousness of the leave and with the duty of contractual loyalty, authorizing the corporate conclusion of breach of fiduciary", alleged the company's defense in the case. When analyzing the case, the responsible judge highlighted that medical leave is exclusively for the person to rest and recover so they can return to work safely. The judge also stated that going to a busy party with a serious injury was an irresponsible attitude that put his own health at risk. "It is clear that he could not participate in a festive activity, without risk of worsening his health condition", pointed out the judge in the decision. The attitude was classified as "bad procedure", one of the serious flaws provided for in labor legislation that authorize dismissal for just cause without the right to traditional assets. Employee lost claim for R$ 123 thousand With the just cause maintained, the worker lost the right to receive severance pay for the unjustified dismissal and had all his requests denied. Because he lost the case, he was also ordered to pay the company's lawyers' expenses (set at around R$12,000). However, as he obtained the benefit of free justice, the payment of this debt is suspended for two years and will only need to be done if the company proves that he had a financial improvement during this period. VIDEOS: most watched g1 SC in the last 7 days