Dario Rabay is a well-known labour specialist, commended for his “extensive experience working on corporate transactions” in the Brazilian market.
Dario Rabay is a partner at Cescon Barrieu with over 28 years of experience in labour and employment, executive compensation, corporate investigations, and ESG practices.
Often represents companies from different sectors in solving strategic issues and litigation of relevance, including negotiations of collective bargaining agreements, corporate investigations of significant national and cross-border repercussions, executive compensation, and assisting companies in cases of ESG with social impacts.
What inspired you to pursue a legal career?
Throughout my life, I've always been deeply fascinated by the principles of justice. However, it was my passion for math that led me to a legal career. I felt that math problems were easy to solve once you have all the needed elements, while legal problems were much more challenging with a combination of complex situations and more than one possible solution.
Additionally, I had the privilege of encountering inspiring legal professionals who reinforced my interest in the field.
What impact do you see hybrid working having on businesses and their workforces in the coming years?
Hybrid working is undoubtedly having a significant impact on businesses and their workforces in the coming years, but the impact varies across industries and organisations, and each business will need to tailor their approach to suit its specific needs and goals. This shift in work dynamics brings both challenges and opportunities, such as flexibility in managing work-life balance; companies can hire and collaborate with a larger and more diverse talent pool from different locations; technological innovation is more important to enhance teamwork and maintain organisational cohesion; businesses will reevaluate their office spaces, reducing the need for large, dedicated office spaces; and organisations will likely prioritise employee well-being and mental health support.
What qualities do clients look for in an effective employment lawyer, and how can younger practitioners best develop said qualities?
Clients typically look for several qualities that demonstrate competence, trustworthiness, and a client-centric approach, such as (a) expertise and knowledge; (b) communication skills; (c) analytical and problem-solving abilities; (d) building strong relationships with clients; (e) attention to detail and organisation; (f) ethical conduct; and (g) professional reputation and track record.
Younger practitioners can develop said qualities by focusing on continuous learning, building a strong network of mentors and peers, and seeking feedback from clients and colleagues.
In what ways does Cescon Barrieu Flesch & Barreto Advogados distinguish itself from competitors?
Cescon Barrieu stands out as one of Brazil's premier law firms, with a consistent track record of being ranked among the top legal advisors across a wide range of industries and practice areas. We view our work as a collective engagement rather than as an individual endeavour. We embrace diversity because we know that different minds build greater teams, provide unique perspectives, and achieve better results. Our strength lies in the ingenious solutions we devise, which are the product of the bright minds of our diverse and collaborative team.
What challenges does global mobility pose for employers, and how do you effectively advise them?
Global mobility presents several challenges for employers. Some of the key challenges include immigration and legal compliance, tax and payroll considerations, cultural and language differences, and employment law compliance. Addressing these challenges requires careful planning, effective communication to understand the client’s purpose, and advice on legal, tax, and cultural matters.
What is the most challenging aspect of collective bargaining practice for lawyers, and what reforms do you think could be introduced to this field?
In collective bargaining, one of the most difficult tasks is establishing a reliable network with various labour unions throughout the country. This is crucial in creating a positive negotiating atmosphere that can lead to a successful agreement. Furthermore, the regulations must be revised to permit a higher number of unions to represent both employees and employers, thereby elevating the representation of all parties during negotiations.
Looking back over your career, what is the most memorable case you have been a part of and why?
In one of these memorable cases, we acted in defence of the interests of a client who was unfairly held responsible in a labour lawsuit and had a large amount deposited in his bank accounts seized. The problem is that the judge practiced acts of corruption in conspiracy with the opposing party's attorney. At one point, the judge and his assistant altered an official document by erasing a date, which resulted in our appeal being considered in an untimely manner. Consequently, the judge promptly released the pledged funds to the opposing party. This decision was granted on a Friday afternoon without our knowledge, allowing the other party's lawyer to request the amount from the bank on the same Friday. On Saturday, we could reverse the decision and prevent the money from being released to the other party by submitting a writ of mandamus to the court. The appeal judge contacted the bank manager and warned her that she could face arrest if the money were released. Ultimately, our appeal was deemed valid, resulting in the client being removed from the labour lawsuit and receiving his money back. Following our complaint, the judge was considered corrupt and subsequently removed from the judiciary.
What is the best piece of advice you've ever received?
No matter how perfect a work may be, delivering it after the deadline make it useless. Use direct, concise, and simple wording to convey the message efficiently and convincingly. The form is part of the content; therefore, in addition to consistent arguments, take care of the presentation of your work. To best serve your client, empathise with their needs and concerns and approach the task as if your own money or assets were at stake.