Acórdão nº 001972 de Supremo Tribunal de Justiça (Portugal), 25 de Novembro de 1988 (caso NULL)
Magistrado Responsável | GAMA VIEIRA |
Data da Resolução | 25 de Novembro de 1988 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: MONTEIRO FERNANDES IN DIREITO DO TRABALHO N1 PAG442.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: DL 372-A/75 DE 1975/07/16 ART10 N1 N2 ART12 N5 N6. DL 49408 DE 1969/11/24 ART10 N2 I ART11 ART20 N1 A ART27 N2. DL 409/71 DE 1971/09/27 ART29 N1 ART30. DL 348/73 DE 1973/07/11. CCIV66 ART3 ART342 N1.
Jurisprudência Nacional: AC STJ DE 1981/05/29 IN BMJ N307 PAG164. AC STJ DE 1969/11/07 IN BMJ N191 PAG196. AC STJ DE 1986/11/21 IN AD N307 PAG1056.
Sumário : I - Os comportamentos indicados sob as varias alineas do n. 2 do artigo 10 do Decreto-Lei n. 372-A/75, de 16 de Julho, não bastam, so por si, para integrar o conceito de justa causa de despedimento visto que, para isso, e indispensavel, ainda que, nos termos do n. 1 do mesmo artigo 10, sejam culposos e que, pela sua gravidade e consequencias, tornem imediata e praticamente impossivel a subsistencia da relação de trabalho. II - O comportamento do trabalhador traduzido em dizer em voz alta, no local e tempo de trabalho, perante o...
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