Acórdão nº 9640049 de Court of Appeal of Porto (Portugal), 17 de Novembro de 1997
| Magistrado Responsável | MACHADO DA SILVA |
| Data da Resolução | 17 de Novembro de 1997 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB. DIR PROC TRAB.
Legislação Nacional: LCT69 ART12 N1 E ART24 N1. CPT81 ART66 N1 ART69.
Jurisprudência Nacional: AC STJ DE 1990/09/26 IN BMJ N399 PAG387. AC RL DE 1996/11/13 IN CJ T5 ANOXXI PAG169.
Sumário: I - No direito processual laboral, atento o seu carácter público e sentido social das suas normas, o tribunal pode levar em conta factos não articulados desde que os mesmos interessem à boa decisão da causa e sobre eles tenha incidido discussão. II - É ilícita e, por isso, a desobediência não pode fundamentar o despedimento com justa causa, a ordem dada a um trabalhador para que passe a prestar a sua actividade profissional em firma diferente, ainda que em local próximo, pois a transferência só é lícita no caso de mudança total ou...
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