Acórdão nº 9610544 de Court of Appeal of Porto (Portugal), 18 de Novembro de 1996
Magistrado Responsável | LEITÃO SANTOS |
Data da Resolução | 18 de Novembro de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: LCT69 ART82 N3. DL 64-A/89 DE 1989/02/27 ART13 N2 A B. DL 874/76 DE 1976/12/28 ART6 N1 N2.
Jurisprudência Nacional: AC STJ DE 1992/03/05 IN BMJ N415 PAG380. AC STJ DE 1993/02/09 IN AD N379 PAG836. AC STJ DE 1994/02/09 IN CJSTJ T1 ANOII PAG278.
Sumário: I - Não reveste grau de censura suficiente para o despedimento com justa causa, o facto de um médico ter contrariado ordens do director clínico do estabelecimento hospitalar onde prestava serviço como clínico geral, no sentido de um doente, comatoso há mais de um mês, vindo de Melgaço para a Póvoa de Varzim, regressasse a Melgaço para aqui continuar a ser tratado, quando é o familiar acompanhante do doente que lhe diz estar farto de viagens e preferir ir para o Porto, pedindo ao médico que o auxiliasse nesse sentido, o que veio a fazer, acabando o doente por ser transportado para uma clínica particular concorrencial da entidade patronal, sendo que, no caso concreto, o doente necessitava de serviços de...
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