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.
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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