Acórdão nº 9810961 de Court of Appeal of Porto (Portugal), 20 de Setembro de 1999
Magistrado Responsável | SOUSA PEIXOTO |
Data da Resolução | 20 de Setembro de 1999 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: NEGADO PROVIMENTO. REVOGADA PARCIALMENTE.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: LCT69 ART31 ART84. DL 874/76 DE 1976/12/28 ART6. DL 64-A/89 DE 1989/02/27 ART10 N12. DL 422/89 DE 1989/12/02 ART52 ART82 ART118. CCIV66 ART351.
Sumário: I - A Lei do jogo não proíbe que as imagens gravadas nas salas de jogo sejam usadas como meio de prova em acção emergente de contrato de trabalho, quando nela se discutam comportamentos imputados ao trabalhador que exercia funções no Bar de uma sala de jogo. II - A realização de diligências instrutórias necessárias à elaboração da nota de culpa suspende o decurso do prazo de caducidade do procedimento disciplinar se forem respeitados os prazos referidos no n.12 do artigo 10 do Regime Jurídico do Contrato Colectivo de Trabalho. III - Incorre em justa causa de despedimento, o barman que, contrariando instruções expressas da sua entidade patronal, omite o registo de parte das vendas efectuadas. IV - Mesmo que não se tenha provado em concreto a apropriação de qualquer importância por parte do trabalhador, a omissão dos registos das vendas é suficiente para quebrar a...
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