Court of Appeal – Labour Division - Sentence October 2nd – November 21st of 2013 no. 26143
The dismissal of those who record the conversations of their colleagues without their knowledge is legitimate. For this reason the Labour division of the Court of Appeal has confirmed, with the sentence of October 2nd – November 21st of 2013 no. 26143, the dismissal ordered to doctor from the Mauritian Order Hospital of Turin “for the serious circumstance of distrust, suspicion and failure of collaboration caused within the plastic surgery medical team”.
The man, in fact, was accused of having recorded conversations of numerous colleagues that of which they were unaware of, thus violating their privacy rights, to then use them in court, to support an accusation of bullying that he posed towards them.
The trial judges, the Court and the Turin Courts of Appeal, having confirmed the dismissal, observing that the conduct held by the man assimilates “the extremes of just cause for withdrawal in consequence for the irremediable damage of the trust bond with the employer”.
The employee, therefore, has appealed to the Court of Appeal, which however confirmed the trail judges justification. The results of the proceedings have given account of, according to the sentence filed today, “conduct assimilating a clear violation of his colleagues privacy rights, having recorded and publicised their conversations held at the workplace in their presence and also during private occasions held at their desks or in communal locations, deceptively using them for a bullying allegation revealed, amongst other things, untrue” From this "a climate lacking trust – concludes the Court – necessary for the best level of assistance and, therefore, functional quality of service, all with serious and unrepairable compromise even for the trust relationship” has been made between the employer and employee.
The Appeal Court – Labour Division – Sentence October 2nd - November 21st of 2013 no. 26143.
