by Marina Crisafi – An employee who creates a climate of tension in the company can also be fired for just cause. This was decided by the work section of the Cassation with the judgment no. 17435/2015 filed today (attached below), rejecting the appeal of an employee of a pharmaceutical company against the sentence of the Court of Appeal of Rome which confirmed the legitimacy of the fine imposed by the employer.
According to the trial judge, the appellant's request had to be rejected because the facts charged against it (injurious or threatening behavior during the service, violation of any law concerning the storage, sale or transport of medicines) they had never been challenged, arguing instead that they were mere reactions to the overall persecutory attitude adopted towards him by the employer company.
The man then appealed to the Cassation, arguing that in any case the climate of tension caused could not justify the defendant dismissal and that the expulsive measure imposed was disproportionate, since "the judges of the appeal would not have considered the essential and constitutive element of the just cause of dismissal consisting of the proportion between the disputed facts and the sanction taking into account the subjective element of the conduct and the overall attitude of the worker”.
But for the Cassation, the thesis does not hold up.
To be confirmed by the preliminary investigation, in fact observed the SC, they are the charges raised by the employer, not only uncontested but indeed admitted by the worker, who deemed them justified in name of the alleged persecution by the employer against him, which, on the other hand, was not considered proven by the Capitoline court, with a non-censurable judgment in terms of legitimacy.
Similarly not censurable by constant jurisprudence, stated the SC, is the judgment of proportionality of the sanction, reserved to the judge of the merits, if congruously and logically motivated.
Among other things, the Court of Appeal in the case in question also verified the legitimacy of dismissal based on the category National Collective Labor Agreement applicable to the case and that expressly provides the dismissal without notice for the disputed conduct in the present case. For which the appeal was rejected and the former worker was sentenced to pay the costs.
Cassation, sentence n. 17435/2015
Source: Cassation: the dismissal of the worker who creates "tensions" in the company is legitimate
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