Acórdão nº 0085364 de Supremo Tribunal Administrativo (Portugal), 09 de Março de 1994 (caso None)
Magistrado Responsável | VENTURA DE CARVALHO |
Data da Resolução | 09 de Março de 1994 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: PROVIDO. REVOGADA A DECISÃO.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CPC67 ART469. LCCT89 ART35 N1 A.
Jurisprudência Nacional: AC RL DE 1980/01/08 IN CJ ANO1980 T1 PAG195.
Sumário: I - Constando de documento que faz prova plena que "entre Janeiro e Julho de 1990, a Ré descontou ao Autor, nas comissões a que este tinha direito, 2/14 sob o pretexto de que se tratava de retenção para subsídios de férias e de Natal", não pode, depois, sob pena de contradição, afirmar-se que aquela dedução tinha outra finalidade. II - Tendo o Autor escrito à Ré a carta de fls. 12 a 15, onde afirmava, a certo passo: "A presente situação não pode manter-se pelo que, para o caso de não se provar que fui despedido por Vossas Exas., venho pela presente comunicar que considero haver justa causa para o meu despedimento, por falta de pagamento integral das retribuições devidas, não restituição das quantias abusivamente retidas mensalmente, violação das minhas garantias legais, lesão culposa dos meus interesses patrimoniais sérios e ofensa à minha dignidade como vosso trabalhador. Assim sendo, denuncio o meu contrato de trabalho..." - esta construção traduz a formulação de pedidos subsidiários, legalmente admitida...
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