Employee’s monetary claim denied for lack of good faith

ATA/539/1998Tribunal de Justiça / Câmara Administrativa1 de set. de 1998Dismissed

Extraído pela Omnilex

Resumo Omnilex

The employee resigned shortly before the employment contract was due to end in any event. The court held that, in such circumstances, the employee does not satisfy the conditions for the claimed monetary entitlement and cannot rely on it consistently with good faith. The claim was therefore rejected.

Sumário Omnilex

Art. 3 LMEDA; good faith and entitlement to a monetary employment claim: an employee who resigns shortly before the contract would have expired in any event does not meet the conditions of the claimed benefit. Where the resignation has no effect on the contractual end date, reliance on the entitlement is incompatible with the requirement of good faith; the claim is to be dismissed.

Texto completo

Descripteurs

ACTION PECUNIAIRE; FONCTIONNAIRE ET EMPLOYE; PRINCIPE DE LA BONNE FOI; IP

Normes

LMEDA.3

Résumé

Ne remplit pas les conditions de Plend, celui qui donne sa démission alors que son contrat se terminait de toute façon.

Palavras-chave

employmentmonetary claimgood faithresignationfixed-term contractcontract end

Extraído pela Omnilex

Questões jurídicas principais extraídas pela Omnilex

Questão jurídica principal

Whether the employee satisfied the conditions for the claimed monetary entitlement despite resigning before the contract's natural end.

Decisão extraída

No. A person who resigns when the employment contract was going to end anyway does not meet the conditions for the claimed entitlement.

Fundamentação extraída

The court relied on the fact that the resignation did not change the contractual end date; in these circumstances, invoking the entitlement is incompatible with the good-faith requirement.

Employee’s monetary claim denied for lack of good faithGerado por IA