Acórdão nº 0003134 de Supremo Tribunal Administrativo (Portugal), 10 de Janeiro de 1996 (caso None)
Data | 10 Janeiro 1996 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CPC67 ART684 N3 ART690 N1. LCCT89 ART10 N1 N4 ART12 N3 C N4 ART13 N2 A. CPT81 ART69. CCTV INDÚSTRIA HOTELEIRA BTE 41/78 DE 8/11 ANEXO IV PAG3081 PAG3082 PAG3089.
Jurisprudência Nacional: AC STJ DE 1980/07/23 IN BMJ N299 PAG186. AC STJ DE 1991/11/29 AD N356/357 PAG1043. AC RE DE 1987/01/22 IN CJ T1 PAG329.
Sumário: I - Em processo disciplinar laboral a acusação deve ser formulada através de factos precisos e concretos, enunciando com exactidão todas as circunstâncias conhecidas de modo, lugar e tempo dos factos imputados ao Arguido, com referência aos preceitos legais infringidos. II - A acusação que não obedeça a tais requisitos e contenha imputações vagas e genéricas ou meros juizos de valor sobre factos não discriminados, ou que não possibilite ao Arguido compreender o verdadeiro relevo das faltas, consubstancia falta de audiência do Arguido, o que constitui nulidade insuprível, torna ilegal o processo disciplinar e anulável a decisão punitiva. III - A decisão da entidade patronal que aplique a sanção de despedimento deve constar de documento escrito e deve ser fundamentada, entregando-se cópia ao trabalhador. IV - A razão de ser de tal exigência dessa fundamentação assenta no seguinte: a) - obriga a uma maior ponderação da entidade patronal na decisão a tomar; b) - retira o carácter arbitrário ao poder disciplinar; c) - permite ao trabalhador a impugnação da decisão com referência aos fundamentos desta. V - Tal fundamentação pode ser feita de forma indirecta, por remissão para o relatório que antecedeu a decisão punitiva; porém, neste caso, deverá...
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