Acórdão nº 001918 de Supremo Tribunal de Justiça (Portugal), 26 de Maio de 1988 (caso NULL)
Data | 26 Maio 1988 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: DL 372-A/75 DE 1975/07/16 ART10 N2 G ART12 N5. DL 841-C/76 DE 1976/12/07. DL 874/76 DE 1976/12/29 ART23 N2 E ART25 N1 N2 N3 ART27 N1 N3 A.
Jurisprudência Nacional: AC STJ DE 1983/03/25 IN AD N258 PAG835 - BMJ N325 PAG491. AC STJ DE 1983/11/11 IN AD N267 PAG409. AC STJ DE 1984/01/06 IN AD N268 PAG540. AC STJ DE 1985/01/11 IN AD N279 PAG375. AC STJ PROC1533 DE 1987/05/15. AC RL PROC1452 DE 1984/02/22. AC STJ PROC1584 DE 1987/05/15. AC STJ PROC1847 DE 1988/02/26.
Sumário : I - Para que haja justa causa de despedimento não basta que o trabalhador tenha dado cinco faltas injustificadas e consecutivas. E necessario que essas faltas revelem um comportamento gravemente culposo por parte do trabalhador, que torne imediata e praticamente impossivel a subsistencia da relação de trabalho. II - O Decreto-Lei n. 874/76, de 29 de Dezembro, contempla duas especies de faltas injustificadas: as que foram dadas por motivos não previstos em qualquer das alineas do n. 2, do seu artigo 23 e que são sempre...
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