« Arrière

Court of Cassation, 8 July 2015, no. 14251: similar violations different sanctions

With its ruling no. 14251/2015, the Cassation Court declared dismissal for just cause legitimate in a case where a worker had violated the ban on introducing or drinking alcoholic beverages in the company, thus placing the safety of plants in jeopardy. This occurred despite the fact that the employer had not adopted the same sanction against the foreman who had committed the same violation. Given the de quo ruling, the employer – in the presence of employee conduct severe enough to irreparably damage the relationship of mutual trust underlying any employment relationship – can proceed with his dismissal, regardless of the fact that a similar violating behaviour was performed by another employee, for whom, thus, a different assessment can be made.