Acórdão nº 0002174 de Court of Appeal of Porto (Portugal), 13 de Junho de 1983
| Data | 13 Junho 1983 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A SENTENÇA.
Indicações Eventuais: A NETO IN CONT TRAB PAG96.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: LCT69 ART31. DL 372-A/75 DE 1975/07/16 ART12 N1. D 40/77 DE 1977/01/29 ART1.
Jurisprudência Nacional: AC STA DE 1971/05/06 IN AD N116 PAG1169. AC STA DE 1972/04/13 IN AD N130 PAG1349. AC STA DE 1967/07/01 IN AD N96 PAG1752.
Sumário: I - Para o despedimento, não basta concluir-se que um trabalhador assumiu um comportamento disciplinarmente ilícito. Necessário é que a respectiva averiguação e consequente conclusão e decisão ocorram no processo disciplinar adrede instaurado. II - Isto é assim, não só após a entrada em vigor da Lei dos Despedimentos, mas também no domínio de aplicação da L. C. T.. III - A instauração de um processo disciplinar, posteriormente à comunicação da decisão de demissão, mesmo que...
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