Acórdão nº 0001314 de Court of Appeal of Lisbon (Portugal), 22 de Maio de 1996
Magistrado Responsável | CARLOS HORTA |
Data da Resolução | 22 de Maio de 1996 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB. DIR PROC TRAB.
Legislação Nacional: LCCT89 ART10 N10 ART14. CPT81 ART14 N1 N2 ART23 N1 N2 N3 ART38 ART41 ART42 N2 ART43 N1 ART45 N1 N2 ART89. CPC67 ART238-A N2 N3 N4 N5 ART684 N3 ART690 N1. CCIV66 ART331 N1 N2 ART360. CONST76 ART13 N1 N2 ART62 N1.
Sumário: I - Devendo a rescisão do contrato, por iniciativa de qualquer das partes - nos termos constantes da respectiva cláusula 6 - ser feita por escrito, para ter validade, e tendo a TVI, inicialmente, despedido a Requerente por comunicação verbal, em 16 de Maio, com efeitos reportados a 15 de Junho de 1995, o que só confirmou (a insistência da trabalhadora) por carta que a Requerente só recebeu em 5 de Julho, o contrato considera-se rescindido nesta última data. II - Tendo a presente providência cautelar de suspensão de despedimento dado entrada em juízo a 10 de Julho de 1995, é de concluir que a mesma foi interposta correctamente, dentro do prazo de cinco dias previsto no n. 1 do artigo 14 da LCCT89. III - Tendo a notificação da TVI, para comparecer na audição das partes, a que se refere o artigo 41 do Cód. Proc. Trabalho, sido feita por carta registada com aviso de recepção e endereçada para o Edifício Altejo, na Rua 3 da Matinha, em Lisboa, onde funcionam os serviços da Requerida (embora não seja essa...
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