Acórdão nº 98S346 de Supremo Tribunal de Justiça (Portugal), 10 de Fevereiro de 1999 (caso NULL)
| Magistrado Responsável | PADRÃO GONÇALVES |
| Data da Resolução | 10 de Fevereiro de 1999 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: LCCT89 ART9 N1 ART12 N1 C N5 ART13 N1 A N2 A. LCT69 ART20 B C ART27 N1 N2. CCIV66 ART279 E ART798 ART799 ART805 N1 N3. CPC67 ART144 N2 N4. DL 874/76 DE 1976/12/28 ART2 ART10.
Jurisprudência Nacional: AC STJ DE 1991/07/03 IN AD N360 PAG1421. AC STJ DE 1996/01/17 IN CJSTJ ANOIV TIII PAG247. AC STJ DE 1989/03/30 IN BTE IIS N7-9/91 PAG726. AC STJ DE 1990/03/03 IN BMJ N385 PAG503. AC STJ DE 1989/12/06 IN BMJ N392 PAG363. AC STJ DE 1990/10/10 IN BMJ N400 PAG458.
Sumário : I - Não viola o dever de zelo o caixeiro que entrega mercadoria a um indivíduo que se diz ser empregado de certa firma cliente da entidade patronal, a qual, depois, afirma não a ter recebido. II - Mesmo que esse comportamento violasse ordem da entidade patronal para só entregar mercadoria a quem se identificasse, esse comportamento não é suficiente para constituir justa causa de despedimento. III - Provando-se que o comportamento do trabalhador não foi...
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