Acórdão nº 98S281 de Supremo Tribunal de Justiça (Portugal), 24 de Fevereiro de 1999 (caso NULL)
Magistrado Responsável | MANUEL PEREIRA |
Data da Resolução | 24 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: LCT69 ART31 N1. LCCT89 ART10 N12.
Sumário : I - A instauração do inquérito prévio prossegue fins muito diversos daqueles que justificam a comunicação ao trabalhador alvo de procedimento disciplinar. II - Decorre da instauração do processo prévio de inquérito a suspensão do decurso do prazo estabelecido no n. 1 do artigo 31 do LCT, como dispõe o n. 12 do artigo 10 da Lei dos Despedimentos, não sendo obrigatória para a entidade empregadora a comunicação ao trabalhador da instauração contra este do processo prévio de inquérito. III - Porque o despedimento, na generalidade dos casos, acarreta pesadíssimos sacrifícios ao despedido, bem se compreende que uma tal sanção só deva ser aplicada quando a relação laboral fique irremediavelmente comprometida, em termos de não se poder impor, razoavelmente, a manutenção do vínculo contratual a quem deixou de ter no trabalhador a...
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