Acórdão nº 0000544 de Court of Appeal of Lisbon (Portugal), 08 de Maio de 1996
Data | 08 Maio 1996 |
Órgão | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: NEGADO PROVIMENTO. PROVIDO PARCIALMENTE.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CPC67 ART640.
Sumário: I - Não tendo a parte alegado qualquer circunstância capaz de abalar a credibilidade do depoimento de determinada testemunha, não só quanto à razão de ciência invocada, bem como a fé que ela possa merecer, não pode ser admitida a requerida contradita. II - O facto de a entidade patronal se opor a que a trabalhadora ocupe efectivamente o seu posto de trabalho pode gerar um despedimento por iniciativa da trabalhadora, mas dele não resulta um real despedimento daquela, por parte da entidade empregadora. III - O eventual esvaziamento de funções duma trabalhadora, por injustificada e deliberada acção da entidade patronal, atingindo, até, o núcleo essencial inerente à categoria profissional daquela, não gera espontaneamente um despedimento relevante, mas um "despedimento de facto" - que não se enquadra em qualquer categoria jurídica -, sendo necessário que a trabalhadora accione um procedimento que leve à cessação do contrato, com invocação de justa...
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