Brazilian Beverage Co. to Pay Professional Beer Taster for Job-Related Alcoholism

A Brazilian appeals court has reportedly affirmed a lower court’s order to AmBev S/A to pay a former employee about $14,800 for moral damages related to his job as a beer taster, which he alleged led to his alcoholism. AmBev argued that it was not liable because the employee’s beer-tasting activities were voluntary. The court disagreed, finding that employers have a duty to avoid exposing their employees to the “inherent risks of the job activities,” even if voluntary. AmBev failed to demonstrate the proper care toward the plaintiff’s health, the court held, because it did not monitor his health throughout his employment as a beer taster, it did not train him on the symptoms of alcoholism or other related conditions, and it told him that if he was declared addicted he would need to seek treatment himself. See Superior Council of Labor Justice (Conselho Superior da Justiça do Trabalho), November 28, 2016.

Issue 625