Acórdão nº 0080324 de Court of Appeal of Lisbon (Portugal), 02 de Março de 1994
Magistrado Responsável | ANDRADE BORGES |
Data da Resolução | 02 de Março de 1994 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A DECISÃO.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: L 23/91 DE 1991/07/04 ART1 II ART9. LCT69 ART27 N3 ART31. DL 372-A/75 DE 1975/07/16 ART10. CONST89 ART13 ART62 N1 ART82 N1. AE TAP CLAUS94 N4.
Jurisprudência Nacional: AC STJ 1986/11/14 IN AD N303 PAG444. AC RL PROC7793. AC RL PROC8841. AC RL PROC8788. AC RL PROC9104. AC TC 153/93.
Sumário: I - Não enfermando o processo disciplinar de qualquer nulidade insuprível, e não se tendo consumado a prescrição das infracções disciplinares, nem a caducidade do procedimento disciplinar, considerando os factos provados e a sua gravidade, é de concluir que a sanção aplicada, por inexistência de circunstâncias atenuantes e relevantes para o caso, é adequada ao comportamento do trabalhador, constituindo justa causa de despedimento. II - Considerando que as infracções disciplinares foram cometidas pelo Autor antes de 1991/04/25; que este é...
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