Acórdão nº 004188 de Supremo Tribunal de Justiça (Portugal), 08 de Março de 1995 (caso NULL)
Data | 08 Março 1995 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Indicações Eventuais: MOREIRA DA SILVA IN DIREITOS E DEVERES PAG53. LOBO XAVIER IN DIREITO DE GREVE PAG69.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB. DIR PROC CIV - RECURSOS. DIR PROC TRAB. DIR CONST - DIR FUND.
Legislação Nacional: CPC67 ART661 N2 ART684 N3 ART690 N1. CPT81 ART1 N2 A. LCT69 ART20 N1 C N2 ART39. CONST89 ART57 N1. DL 65/77 DE 1977/08/26 ART10. LCCT89 ART9 N1 ART12 N1 C ART13 N1 A B N2 A.
Sumário : I - A existência de justa causa de despedimento supõe a verificação cumulativa de três requisitos: a) - um de natureza subjectiva, traduzido num comportamento culposo do trabalhador; b) - outro de natureza objectiva, consubstanciado na impossibilidade de subsistência da relação de trabalho; c) - finalmente, a ocorrência de nexo de causalidade entre aquele comportamento e esta impossibilidade. II - O dever de obediência do trabalhador cessa quando as ordens dadas pela entidade sejam ilegítimas ou ilegais, designadamente nos casos em que sejam materialmente ilícitas, por exorbitarem dos poderes patronais ou por o seu...
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