Acórdão nº 002069 de Supremo Tribunal Administrativo (Portugal), 30 de Março de 1989 (caso None)
Magistrado Responsável | SALVIANO DE SOUSA |
Data da Resolução | 30 de Março de 1989 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: MONTEIRO FERNANDES IN NOÇÕES FUNDAMENTAIS DE DIREITO DE TRABALHO PAG318.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: DL 372-A/75 DE 1975/07/16 ART10 N1 N2 D ART11 N1 ART12 N1 N5. LCT69 ART20 N1 B.
Jurisprudência Nacional: AC STJ DE 1987/04/23 IN BMJ N366 PAG442.
Sumário : I - De harmonia com o disposto no artigo 10, n. 1, do Decreto-Lei n. 372-A/75, de 16 de Julho, constitui justa causa de despedimento, o comportamento culposo do trabalhador que, pela sua gravidade e consequencias, torne imediata e praticamente impossivel a subsistencia da relação de trabalho. II - Para que a infracção ao dever de diligencia e zelo, na realização do trabalho - dever imposto pelo artigo 20 n. 1, alinea b) do Regime Juridico do Contrato Individual de Trabalho aprovado pelo Decreto-lei n. 49408, de 24 de Novembro de 1969 - possa constituir justa causa de despedimento, necessario e que haja repetição desse comportamento do trabalhador, face ao disposto no artigo 10, n. 2, alinea d) do citado Decreto-Lei n. 372-A/75. III - Não integra justa causa de despediemnto...
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