Acórdão nº 004330 de Supremo Tribunal de Justiça (Portugal), 17 de Janeiro de 1996
Magistrado Responsável | CARVALHO PINHEIRO |
Data da Resolução | 17 de Janeiro de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB. DIR PROC TRAB - DIR PROC PENAL LAB.
Legislação Nacional: CPC67 ART690. LCT69 ART18 ART20. DL 64-A/89 DE 1989/02/27 ART9 N1 ART10 N4 ART11 N1 ART12 N3 N5.
Jurisprudência Nacional: AC STJ DE 1990/10/31 IN BMJ N400 PAG519. AC STJ DE 1991/07/03 IN AD N360 PAG1421.
Sumário : I - Em processo disciplinar laboral, o empregador, ao entregar a nota de culpa ao trabalhador, não é obrigado a comunicar-lhe simultaneamente a data e o local em que este poderá consultar o processo para organizar a sua defesa, só surgindo tal obrigação quando, recebida a nota de culpa, o trabalhador solicite tal comunicação. Assim, a simples circunstância de essa mesma comunicação não ser logo feita ao ser entregue a nota de culpa, não implica nulidade do processo disciplinar. II - O trabalhador de uma empresa de produtos químicos com funções de chefia que, valendo-se de tal qualidade...
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