Maintained cause the programmer who hacked the company’s software – Bondenews

Paraná Labor Court upheld the dismissal for just cause applied to a Curitiba systems programmer who created a website to sell the same product the company he worked for: a software for monitoring the availability of parking spaces for means of illuminated panels.

The attitude was considered the 6th TRT-PR Class as unfair competition and violation of trade secret, “likely to cause serious damage to the employer and to cause the disruption of trust necessary to maintain the employment relationship”.

In the process, it was proved that to be admitted, in 2012, the developer signed a term of “confidentiality of information” with Consilux Consulting and Electrical Constructions Ltda. On the document, it pledged not to use the information obtained in the company to develop products and similar systems that do market competition.

At the time, the company developed a project “smart car” which uses ultrasonic sensors to check the occupation of vacancies. Placed on the team to “develop software changes required for the project,” the programmer had access to numerous confidential information.

In July 2012, the company found that the employee had created a site that had the same idea and sold the same tool to monitor parking spaces. In the same month, the employee was fired.

Almost two years later, the developer filed a labor lawsuit alleging that the dismissal was unfair and claiming that the company knew he had a project involving “parking control”. Requested payment of severance pay, plus punitive damages.

But the Consilux have proven in the records that the programmer was marketing a similar project site created three months after the start of the company’s project. The Sixth Chamber of the TRT-PR stressed in the judgment the “robustness” of the statements of witnesses who confirmed “unfair and unlawful conduct of the employee.” The claimant breached, according to the collegiate, one of the norms laid down by CLT authorizing the company to lay off workers for cause – “habitual dealing on own account or others without the employer’s permission, and when it act of competition to the company for which the employee works, or is detrimental to the service. ”

The exemption was motivated “properly framed and punished in proportion to the gravity of the act,” said the rapporteur Sueli Gil El Rafihi. The decision can be appealed.