Acórdão nº 0002354 de Court of Appeal of Lisbon (Portugal), 24 de Setembro de 1997
| Magistrado Responsável | CARLOS HORTA |
| Data da Resolução | 24 de Setembro de 1997 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: PROVIDO.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CPC67 ART684 N2 ART690 N1. LCCT89 ART10 N8 N9 N10 ART12 N1 A N3 C ART13 N1 A N2 B N3.
Sumário: I - Instaurado processo disciplinar contra o trabalhador, a decisão final da entidade patronal deve constar de uma comunicação escrita e fundamentada. II - A falta de fundamentação da decisão que aplique uma sanção disciplinar, maxime, o despedimento, é considerada como nulidade. III - Esta fundamentação pode fazer-se por remissão para a nota de culpa ou para o relatório do instrutor do processo disciplinar que antecede a decisão. IV - A decisão deve conter-se nos limites fácticos traçados pela...
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