Acórdão nº 9940685 de Court of Appeal of Porto (Portugal), 18 de Outubro de 1999
| Data | 18 Outubro 1999 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CCIV66 ART236 N1 ART342 N1. DL 64-A/89 DE 1989/02/27 ART13 N3. CPC95 ART456 N1.
Jurisprudência Nacional: AC STJ DE 1975/12/05 IN BMJ N252 PAG105.
Sumário: I - Compete ao trabalhador fazer a prova de que foi despedido. II - Tal prova não está feita, se o sócio-gerente da ré se tiver limitado a dizer à trabalhadora para ir embora ( " vai-te embora " ). III - A indemnização de antiguidade por despedimento ilícito é calculada em função da retribuição de base. IV - Não há litigância de má fé se o trabalhador pedir uma indemnização calculada com base na retribuição global que por...
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