Acórdão nº 001971 de Supremo Tribunal de Justiça (Portugal), 09 de Dezembro de 1988 (caso NULL)
Magistrado Responsável | SALVIANO DE SOUSA |
Data da Resolução | 09 de Dezembro 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 VI PAG179. MORAIS ANTUNES E RIBEIRO GUERRA IN DESPEDIMENTOS PAG72.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: LCT69 ART27 N3. DL 372-A/75 DE 1975/07/16 ART8 N1 B ART10 N1. CCIV66 ART11.
Sumário : I - De acordo com o artigo 27, n. 3, do Decreto-Lei n. 49408, de 24 de Novembro de 1969, cometida uma infracção disciplinar, a entidade patronal (ou quem legitimamente a represente e tenha competencia disciplinar) dispõe de um ano para dela tomar conhecimento a fim de a punir disciplinarmente; transcorrido esse prazo sobre a pratica da actividade que determina em abstracto a aplicação de uma sanção disciplinar, ja não e possivel o exercicio da acção disciplinar, ainda que a entidade patronal não tenha tido conhecimento da infracção. II - Nos termos do n. 1 do artigo 10 da Lei dos Despedimentos, norma que estabelece o conceito de justa causa de despedimento, esta liga-se...
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