Acórdão nº 0066984 de Court of Appeal of Lisbon (Portugal), 26 de Fevereiro de 1992
Magistrado Responsável | BELO VIDEIRA |
Data da Resolução | 26 de Fevereiro de 1992 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Indicações Eventuais: PEDRO MACEDO PODER DISCIPLINAR LABORAL PAG143. MORAIS ANTUNES RIBEIRO GUERRA DESPEDIMENTOS PAG155.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: DL 64-A/89 DE 1989/02/27 ART12 N3. DL 372-A/75 DE 1975/07/16 ART10 N2 G ART11 N4.
Jurisprudência Nacional: AC STJ DE 1984/12/07 IN AD N278 PAG244.
Sumário: I - A decisão de despedimento proferida no processo disciplinar deve ser fundamentada, como o impõe o número 3 do artigo 12 do DL 64-A/89 e já resultava do artigo 11, número 4 do DL 372-A/75, porque é a fundamentação que permite ao trabalhador avaliar da justiça da decisão e representa uma garantia para ele, uma vez que o direito à impugnação judicial exige, para ser exercitada, o conhecimento das razões justificativas da sanção aplicada. II - Se na decisão do despedimento as faltas que a motivaram não surgem determinadas na quantidade e situadas no tempo, nem se refere qualquer facto concreto susceptível de alicerçar uma afectação grave...
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