Acórdão nº 0004834 de Court of Appeal of Lisbon (Portugal), 28 de Maio de 1997
Magistrado Responsável | DINIZ ROLDÃO |
Data da Resolução | 28 de Maio de 1997 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A DECISÃO.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CPC67 ART523 ART710 N1 ART712 N2. CCIV66 ART342 N1 N2 ART805 N3. DL 372-A/75 DE 1975/07/16. LCCT89 ART13 N2 B. LCT69 ART27 N3 ART31 ART32 N1 B ART33 N1 N2. DL 874/76 DE 1976/12/28 ART4 ART13.
Jurisprudência Nacional: ASS STJ 14/94 DE 1994/05/26 IN DR IS-A 1994/10/04.
Sumário: I - Tendo a 1. Ré, PRODIS, requerido a junção de dois documentos para "a eventualidade de vir a ser decretada a ilicitude do despedimento e para os efeitos da eventual declaração dessa mesma ilicitude, designadamente os previstos no n. 2 do artigo 13" da LCCT89, bem andou o Juiz "a quo" ao indeferir tal junção, uma vez que os factos a que os documentos respeitavam não haviam sido por ela alegados, nem se destinavam a efectuar contra-prova de factos alegados pela parte contrária. II - Pretendendo a mesma Ré, Prodis, que o Autor - que desempenhava as funções próprias da sua categoria profissional de Director Comercial - se encarregasse de um estudo e prospecção do mercado, o que estava fora do âmbito das suas funções, pois competia a funcionário de categoria inferior e seria extremamente demorada, podendo durar cerca de 15 anos a concluir, e se traduzia, na prática, numa baixa de categoria; tendo tal ordem sido dada para afastar o Autor da Empresa, a fim de satisfazer a exigência de dois novos Administradores da Prodis; recusando-se o Autor a cumprir tal ordem, por violação dos seus direitos à sua categoria de Director...
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