Acórdão nº 0051464 de Supremo Tribunal Administrativo (Portugal), 20 de Dezembro de 1989 (caso None)
| Magistrado Responsável | ABILIO BRANDÃO |
| Data da Resolução | 20 de Dezembro de 1989 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CPC67 ART205 ART684 N3. DL 372-A/75 DE 1975/07/16 ART10 N1 N2 G. DL 874/76 DE 1976/12/28 ART23 N2 ART25 N1 N2 N3. CCIV66 ART376. AE METALURGIA IN BTE 6/82.
Sumário: I - O facto de o trabalhador dar cinco faltas seguidas ou dez interpoladas, no mesmo ano, não determina automaticamente a justa causa de despedimento. Para que tal aconteça, é necessário que o trabalhador tenha tido um comportamento culposo que, pela sua gravidade e consequências, torne imediata e praticamente impossível a subsistência da relação de trabalho. II - O Autor esteve ausente do trabalho desde 29 de Abril a 25 de Junho de 1986, com baixa médica, dada pelos Serviços da Caixa de Previdência. Porém, continuou ausente do serviço até 1986/10/13, sem apresentar qualquer justificação para tal, nem comunicar à entidade patronal o...
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