One can justifiably dismiss an employee who has committed shortcomings punishable solely with conservative sanctions, if done individually and under the applicable collective agreement.
The Court of Appeal has established this with sentence August 3rd ,2017 no. 16217.
The judges' decision in favour of the legitimacy of the dismissal for multiple shortcomings had been challenged before the Supreme Court invoking the previsions of article 1 number 42 of legislation 92/2012 (cd. Fornero Reform), which, modifying article 18 of the Statute of employees, has foreseen the reintegration of the dismissed worker when the circumstance contested falls within the conducts punishable by a conservative sanction based on the provisions of the collective agreements or disciplinary codes applicable to the company.
However, the Court of Appeal has confirmed the legitimacy of the withdrawal of the concerned person, stating that, despite the warranted provisions of the collective agreement, disciplinary dismissal is not to be considered out of proportion, because the disputed circumstances must be assessed as a whole in order to evaluate whether the employer’s trust in the employee has defaulted and whether there is a just cause for withdrawal pursuant to article 2119 c.c..
The disciplinary offences, which, taken one by one, would involve, on the basis of the current disciplinary code, more sanctions of a conservative nature, added together may instead make the employer’s decision to withdraw from the work relationship completely congruent and proportionate .
As Totò (*) would say, “Every limit bears patience; and, even so, it is the sum which makes the total”.
(* Famous Italian comic actor)
