Those who commit an illicit act by obeying a hierarchical superior can be fired
Obedience is no longer a virtue, said Don Lorenzo Milani.
This also applies to the employment relationship, at least according to the Supreme Court (23600/2018) which, contradicting the decisions of judges, has declared as legitimate the dismissal of an employee who committed unlawful conduct by executing an order given by a superior, but in contrast with state and corporate regulations and procedures.
In this case, the worker had falsely accounted for unfinished works in order to insert a few metres of linear pipes within the company cartography and assets, thus belatedly updating information that had not been recorded at the time of the effective execution of the renovations.
Having obeyed the instructions of a superior does not eliminate the responsibility of the worker, according to judgment 23600/2018. The worker violated both public regulations and the procedures laid down by the employer, with serious compromise of the latter's trust in the correct future fulfilment of his duties.
In fact, the worker cannot invoke art. 51 of the Penal Code, which concerns only those who commit unlawful acts in the execution of an order of public authority.
It is, however, necessary that there is an evident and serious divergence between the behaviour of the employee and the regulatory framework established by the legal system and by the company procedures: a divergence that the worker must have known, or been able to know. (LC)
