Acórdão nº 0001984 de Supremo Tribunal Administrativo (Portugal), 05 de Junho de 1996
Magistrado Responsável | VENTURA DE CARVALHO |
Data da Resolução | 05 de Junho de 1996 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: LCCT89 ART10. DL 874/76 DE 1976/12/28 ART27 N3. LCT69 ART20 N1 B C G.
Sumário: I - Na decisão de despedimento devem ser ponderadas as circunstâncias do caso, a adequação do despedimento à culpabilidade do trabalhador, bem como os pareceres que tenham sido juntos ao processo disciplinar, não podendo ser invocados factos não constantes da nota de culpa, nem referidos na defesa escrita do trabalhador, sob pena de nulidade do despedimento. II - Na acção de impugnação judicial do despedimento, a entidade empregadora apenas pode invocar factos constantes da decisão tomada nos termos dos ns. 8 a 10 do art. 10 da LCCT 89, maxime, os invocados na...
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