Acórdão nº 96S011 de Supremo Tribunal de Justiça (Portugal), 11 de Junho de 1996
| Data | 11 Junho 1996 |
| Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CSC86 ART252 ART260.
Sumário : I - Tendo o Autor sido verbalmente despedido pelo gerente da Ré, detendo os poderes dos artigos 252 e 260 do Código das Sociedades Comerciais sem processo disciplinar e por ordem do verdadeiro patrão da Ré e sem invocar qualquer facto passível de constituir justa causa, não se tendo provado qualquer acordo simulatório entre o Autor e o gerente da Ré, para prejudicar esta, o despedimento deve ser imputado à vontade real da Ré. II - A falta de processo disciplinar implica a ilicitude do despedimento do Autor, nos termos do artigo 12, alínea a) do Decreto-Lei 64-A/89, de 27 de Fevereiro, e o consequente direito do Autor à indemnização de antiguidade e ao valor das...
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