In this case the defaulting behaviour can be assessed with greater severity.
Repeatedly defaulting by a worker (in this case, for repeated early termination of work) despite previous appeals, constitutes an insubordination. This is recognisable in the amount of relevant disciplinary actions, which can reflect this behaviour in the application of dismissal for just cause.
The fact that the same employee holds a union position is an aggravating factor in the assessment of the proportionality of dismissal by the employer. This is because the repeated illicit behaviour constitutes a clear bad example and involves a greater "social disvalue", being able to induce work colleagues to feel they do not need to comply with company directives and rules.
The Supreme Court judgment no. 22382 of 2018 relates to this matter. (LC)
