Acórdão nº 001635 de Supremo Tribunal de Justiça (Portugal), 30 de Outubro de 1987
Magistrado Responsável | GAMA VIEIRA |
Data da Resolução | 30 de Outubro de 1987 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Indicações Eventuais: O DECIDIDO CONSTITUI JURISPRUDENCIA UNIFORME.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: DL 372-A/75 DE 1975/07/16 ART10 N1 N2 ART10 I. DL 841-C/76 DE 1976/12/07 ART1. LCT69 ART19 A C ART20 N1 A.
Jurisprudência Nacional: AC STJ PROC1528 DE 1978/02/06. AC STJ PROC1636 DE 1987/10/23. AC STJ DE 1981/05/29 IN BMJ N307 PAG164.
Sumário : I - O n. 2 do artigo 10 do Decreto-Lei n. 372-A/75, de 16 de Julho, não pode ser considerado isoladamente, mas sim em conjugação com o n. 1 do mesmo artigo. II - Dos factos provados em acção de impugnação de despedimento so podem ser tidos em conta os que tenham sido referidos na nota de culpa do processo disciplinar. III - O facto de o trabalhador - chefe de serviços administrativos de uma empresa - se ter recusado a apertar a mão a dois administradores desta, quando chamado a presença deles apos posse da administração, objectiva descortesia atentatoria da consideração daqueles e, por isso, injuriosa. IV - Mas esse comportamento não integra justa causa de despedimento porque se não se concluiu que o...
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