Acórdão nº 0001104 de Court of Appeal of Lisbon (Portugal), 05 de Junho de 1996
| Magistrado Responsável | CARLOS HORTA |
| Data da Resolução | 05 de Junho de 1996 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CCIV66 ART342 N1. CPT81 ART66 N1 N3 ART90 N4 N5 N6. LCCT89 ART9 N1 ART10 N8 N9 N10 ART12 N4 N5 ART13 N2 B.
Jurisprudência Nacional: AC STJ DE 1989/09/22 IN BMJ N389 P446. AC STJ DE 1989/12/14 IN BMJ N392 P374. AC STJ DE 1990/02/23 IN AD N343 P1000. AC STJ DE 1991/04/17 IN AD N366 P819. AC STJ DE 1993/02/09 IN AD N379 P836. AC STJ DE 1993/11/10 IN AD N387 P347. AC RL DE 1980/01/14 IN CJ 1980 T1 P288. AC RP DE 1982/01/11 IN CJ 1982 T1 P326.
Sumário: I - Na acção de impugnação de despedimento, o ónus da prova incumbe ao trabalhador, quanto à existência do contrato de trabalho e ao despedimento, recaíndo, porém, sobre a entidade patronal, quanto à verificação da justa causa de despedimento, por si invocada. II - Estando assente nos autos que entre Autor e Ré existiu um contrato de trabalho sem prazo, que terminou com o despedimento do trabalhador, por iniciativa da Ré, após processo...
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