Acórdão nº 002226 de Supremo Tribunal Administrativo (Portugal), 03 de Novembro de 1989 (caso None)
Data | 03 Novembro 1989 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: M ANTUNES E R GUERRA IN DESPEDIMENTOS. A MESQUITA PODER DISCIPLINAR IN SUPL DO BMJ 1979 PÁG46.
Área Temática: DIR TRAB - CONTRAT INDIVID TRAB.
Legislação Nacional: DL 372-A/75 DE 1975/07/16 ART10 N1 N2 ART12 N5. LCT69 ART27 N2.
Jurisprudência Nacional: AC STJ PROC719 DE 1984/06/08. AC STJ PROC708 DE 1984/06/29. AC STJ PROC1105 DE 1983/11/15. AC STJ DE 1986/03/07 IN BMJ N355 PAG260. AC STJ PROC1166 DE 1986/01/24. AC STJ PROC575 DE 1984/01/06. AC STJ PROC725 DE 1984/07/06. AC STJ PROC901 DE 1985/03/01.
Sumário : I - O facto de o Autor, trabalhador duma empresa, ter-se ausentado do local de trabalho durante cerca de 15 minutos para ir a um estabelecimento situado a poucos metros para ir comer e beber, em vez de somente se ausentar por dez minutos para esse fim, de acordo com a autorização concedida pela entidade patronal aos seus trabalhadores, constitui um grau de pouca relevância de lesão dos interesses da economia da empresa. II - Conjugado com o facto de aquela empresa usar de uma prática disciplinar pouco rigorosa para com os trabalhadores e a circunstância de, em julgamento, não ter ficado esclarecido o carácter das relações entre o autor e os seus companheiros, aquele facto, embora susceptível de procedimento disciplinar, não justifica a sanção disciplinar de despedimento aplicada, devendo considerar-se exagerada, sendo este, consequentemente nulo. III - A gravidade do comportamento do trabalhador - culpa e infracção disciplinar - como justa causa de rescisão do contrato de trabalho pela entidade patronal hão-de apurar-se pelo entendimento de um bom pai de...
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