Acórdão nº 0054804 de Court of Appeal of Lisbon (Portugal), 23 de Maio de 1990
Magistrado Responsável | QUEIROGA CHAVES |
Data da Resolução | 23 de Maio de 1990 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA. NEGADO PROVIMENTO.
Área Temática: DIR TRAB.
Legislação Nacional: LCT69 ART21 N1 D. CCTV SECTOR BANCÁRIO DE 1970 CLAUS153 N1.
Jurisprudência Nacional: AC STJ DE 1985/03/22 IN BMJ N345 PAG309. AC STJ DE 1984/12/14 IN BMJ N342 PAG269. AC STJ DE 1985/01/30 IN BMJ N343 PAG242. AC STJ DE 1984/05/17 IN BMJ N347 PAG264.
Sumário: I - Sendo o A. gerente, não podia a R. baixar-lhe tal categoria profissional e reclassificá-lo, como fez, como indeferenciado, não se tendo provado a ocorrência do circunstancialismo referido no art. 23 da LCT; II - Dentro do "ius variandi" estabelecido pelo art. 22 da LCT não podia o A. recusar-se a exercer as funções que lhe foram confiadas pela entidade patronal bancária, quer na conservadoria de títulos, quer no departamento de pessoal, não podendo aquele ser sancionado por tal situação de se manter afastado das funções próprias...
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