Acórdão nº 0090244 de Supremo Tribunal Administrativo (Portugal), 07 de Julho de 1994 (caso None)
Magistrado Responsável | VENTURA DE CARVALHO |
Data da Resolução | 07 de Julho de 1994 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: LCT69 ART20 ART21 ART24 ART39. CCIV66 ART342 N1.
Sumário: I - A entidade patronal, salvo estipulação em contrário, só pode transferir o trabalhador para outro local de trabalho se essa tranferência não causar prejuízo sério ao trabalhador ou se resultar da mudança, total ou parcial, do estabelecimento onde aquele presta serviço. II - O princípio da inamobilidade do trabalhador ou da estabilidade no emprego funda-se na necessidade de assegurar estabilidade à posição profissional do trabalhador, com reflexos na sua vida familiar e social. III - O prejuízo sério invocado pelo trabalhador deve assumir um peso significativo em face do interesse do trabalhador, e não se pode reduzir à pequena dimensão de um "incómodo" ou de um "transtorno" suportáveis. Mas tal prejuízo sério não se evidencia, apenas, em danos materiais, sendo, por vezes, muito mais relevante o problema dos danos não...
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