A recent Supreme Court order (26198/2022) ruled that it is lawful to dismiss an employee who takes union leave to actually engage in personal activities.
Of no relevance, according to the Supreme Court, is the fact that the collective bargaining agreement applicable to the employment relationship in question provides for dismissal for unjustified absences of more than one day and/or a conservative sanction in the case of abandonment of the workplace or unjustified absence of only one day.
In fact, the employee’s fraudulent behavior integrates the extremes of abuse of rights and denotes an aptitude of the aforementioned employee to disregard the mandatory rules of law, with consequent repercussions on the breakdown of the trust that the employer should be able to place in his employees. (LC)
