Acórdão nº 0098914 de Court of Appeal of Lisbon (Portugal), 26 de Abril de 1995
Magistrado Responsável | ANDRADE BORGES |
Data da Resolução | 26 de Abril de 1995 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: ANULADA A DECISÃO. NEGADO PROVIMENTO.
Área Temática: DIR PROC TRAB.
Legislação Nacional: CPT81 ART39 ART43 N1. CPC67 ART668 N1 C D ART684 N3 ART690 N1 ART715 ART749.
Sumário: I - O trabalhador pode requerer a suspensão judicial do despedimento no prazo de cinco dias úteis, contados da recepção da comunicação da decisão de o despedir, tomada pela entidade patronal no processo disciplinar. II - A suspensão do despedimento só é decretada se não tiver sido instaurado processo disciplinar, se este for nulo ou se o Tribunal, ponderadas todas as circunstâncias relevantes, concluir pela probabilidade séria de inexistência de justa causa. III - Na providência cautelar de suspensão do despedimento, o tribunal não tem de se pronunciar sobre se existe, ou não, justa causa de despedimento - questão a derimir no processo próprio -, mas formular um mero juízo de probabilidade, segundo os dados fornecidos, sobre se os factos atribuidos ao trabalhador são, ou não, susceptíveis de integrar o conceito de justa causa de despedimento. IV - Tendo a entidade patronal instaurado um processo disciplinar ao trabalhador, ora Agravante, registando-se, porém, grandes desencontros - entre as partes - quanto às datas do conhecimento, pela entidade patronal, dos factos imputados ao trabalhador-arguido; do início do processo disciplinar; e da notificação da nota...
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