Acórdão nº 0070124 de Supremo Tribunal Administrativo (Portugal), 13 de Novembro de 1991
| Magistrado Responsável | BELO VIDEIRA |
| Data da Resolução | 13 de Novembro de 1991 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A SENTENÇA.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: DL 874/76 DE 1976/12/28 ART23 N2 E ART25 N2 N3. DL 372-A/75 DE 1975/07/16 ART12 N1 N2. LCT69 ART21 N2 ART106 N3.
Sumário: I - Não pode considerar-se que o trabalhador faltou injustificadamente se quer a lei quer o regulamento da Ré apenas se referem a uma "comunicação" de ausência, não exigindo qualquer demonstração documental, tendo referida doença vindo a ser comprovada pelo médico competente e o A. telefonado a informar de uma situação de doença no próprio dia em que a "baixa" se iniciou. II - O despedimento efectuado com base em faltas injustificadas encontra-se, por isso, ferido de nulidade nos termos dos...
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