Acórdão nº 004292 de Supremo Tribunal Administrativo (Portugal), 20 de Junho de 1996 (caso None)
| Magistrado Responsável | MANUEL PEREIRA |
| Data da Resolução | 20 de Junho de 1996 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CCIV66 ART389. LCCT89 ART9 N1 N2 G ART12 N4. CPC67 ART568 ART611 ART653 N2 ART655 N2 ART722 N2. CPT81 ART85 N1 N3.
Jurisprudência Nacional: AC STJ DE 1989/09/26 IN AJ ANOI TI PAG18.
Sumário : I - Para que a entidade patronal possa despedir um seu empregado, exige a lei que a conduta deste revele, nas particulares circunstâncias em que se insere, gravidade bastante a encontrar-se na extinção do vínculo laboral a sanção adequada à ofensa ou violação cometida. II - E constitui justa causa de despedimento o comportamento culposo do trabalhador, que pela sua gravidade e consequências torna imediata e praticamente impossível a subsistência da relação laboral. III - Assim, não basta ao preenchimento de justa causa de despedimento a simples materialidade das faltas não justificadas durante certo número de dias, sendo pressuposto a demonstração do...
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