Questão jurídica principal
Whether the employee’s conduct constituted abandonment of work under Art. 337d CO justifying immediate dismissal
Decisão extraída
No. The employee’s statement had to be understood as taking accumulated vacation before the end of the contract, not as a definitive refusal to work.
Fundamentação extraída
The employee still had unused vacation, had not been able to rest for months, and could not use all remaining vacation before the contract ended. In those circumstances, the employer could not reasonably construe his declaration as an unequivocal and final refusal to work.