Acórdão nº 0064114 de Court of Appeal of Lisbon (Portugal), 04 de Julho de 1990
Magistrado Responsável | ABILIO BRANDÃO |
Data da Resolução | 04 de Julho de 1990 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CPT81 ART30 N1 N3 ART51 N1 N2.
Sumário: I - Em 1979, o Autor intentou uma acção emergente de contrato individual de trabalho contra o Réu, pedindo o pagamento de 139050 escudos de diferenças salariais, por ter desempenhado, desde 1960/08/12 a 1972/08/21, o serviço de Caixa móvel. Tal acção correu termos pela Primeira Secção do 5 Juizo do Tribunal do Trabalho de Lisboa e terminou por conciliação, na qual o Banco-Réu se obrigou a pagar-lhe a quantia pedida. II - Na presente acção, também emergente de contrato individual de trabalho, vem, agora, o Autor, invocando o mesmo desempenho do serviço de Caixa móvel, de 1960/08/12 a 1972/08/21, pedir a condenação do mesmo Réu a reconhecer-lhe a categoria profissional de trabalhador administrativo ou de carteira e no pagamento das diferenças salariais que forem devidas. III - No respeitante ao pedido de diferenças salariais, verificam-se, aqui, os requisitos da excepção peremptória de caso julgado: identidade de sujeitos, e identidade do pedido e da causa de pedir - o que obsta ao conhecimento do fundo da causa, nessa parte. IV - No que se...
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