Dismissal, conduct, extraordinary leave for assistance to the family
The Supreme Court with sentence n. 5425 of 2019 has recently expressed in favour of the legitimacy of the dismissal imposed, following the staff reduction procedure, on a worker on extraordinary leave for assistance to a handicapped person.
According to the Cassation, in fact, the art. 4 of the law n. 53 of 2000, in providing for the retention of the job for the employee who is in the aforementioned situation, prohibits the withdrawal related to the use of the leave in question but not dismissal by the employer which is instead a consequence of the economic and organizational situation of the company.
With another decision (No. 5749 of 2019), the Court of Cassation reiterated that the employee's absences due to accident and occupational disease can be excluded from the eligibility for the purposes of the running of the period only when there is a liability pursuant to art. 2087 of the civil code, a rule which, as is known, requires the employer to adopt all the measures necessary to protect the health of the employee and therefore to prevent the onset of occupational diseases and the occurrence of accidents at work. (LC)
