Acórdão nº 0044084 de Supremo Tribunal Administrativo (Portugal), 20 de Dezembro de 1989 (caso None)
Magistrado Responsável | NUNO ALVIM |
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: LCT69 ART20 N1 B. DL 372-A/75 DE 1975/07/16 ART9 N3 ART10 N1 N2 G ART12 N5 N6. DL 874/76 DE 1976/12/28 ART23 N2 ART25.
Sumário: I - O Autor esteve doente entre 16 e 23 de Julho de 1985, tendo faltado ao trabalho nos dias 16 (segunda-feira) a 20 (sexta-feira) e no dia 23 (segunda feira). Neste último dia, a Mãe do Autor compareceu na Empresa-Ré, a comunicar que o Filho estivera doente nesse período e a perguntar se ele poderia ir trabalhar no dia seguinte. A Ré, porém, suspendeu o Autor, instaurou-lhe um processo disciplinar e acabou por o despedir. II - O facto de o trabalhador dar cinco faltas seguidas ao trabalho 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. III - O ónus da prova da justa causa cabe à entidade patronal, nos termos do art. 342, n. 1, do Código Civil. IV - As faltas...
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