Acórdão nº 9711157 de Supremo Tribunal Administrativo (Portugal), 02 de Março de 1998 (caso None)
Magistrado Responsável | SOUSA PEIXOTO |
Data da Resolução | 02 de Março de 1998 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: NEGADO PROVIMENTO. REVOGADA PARCIALMENTE.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: DL 64-A/89 DE 1989/02/27 ART11 N1. LCT69 ART31 N2. CCIV66 ART798 ART799 N1.
Jurisprudência Nacional: AC STJ DE 1995/03/21 IN BMJ N445 PAG487.
Sumário: I - Não constitui justa causa de despedimento o facto de o trabalhador bancário, com 11 anos de serviço e sem antecedentes disciplinares, ter permitido a libertação de uma importância que caucionava o desconto de uma letra, que veio a ser paga. II - Também não constitui justa causa de despedimento a realização de transferências sem justificativo escrito dos clientes passivamente atingidos, se provado não estiver que tais transferências foram feitas contra sua vontade. III - Também não justifica o despedimento o facto de o trabalhador ter emprestado dinheiro seu a dois clientes do Banco, um dos quais era seu tio. IV - Os danos morais decorrentes de despedimento ilícito não são indemnizáveis. V - Nos processos disciplinares com intenção de despedimento, o trabalhador poder ser suspenso...
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