Employees who while on sick leave are involved in other activities are dismissable (Il Quotidiano del Lavoro, 28 March 2018 – Alberto De Luca, Valentino Biasi)

With judgment no. 6047 of 13 March 2018 the Court of Cassation has dealt again with the issue of dismissals imposed during sick leaves, stressing that it is important for a worker to do all that he/she possibly can to put all of his/her efforts at the service of the employer in observance of the contractual obligations assumed. In particular, the Court of Cassation dealt with a case that involved a worker who had been on sick leave due to lower back pain and who had appeared in public as a concert player standing on his feet and playing accordion. The employee had been dismissed due to violation of the obligations of fairness and good faith, and of diligence and loyalty, because with his conduct he had endangered, aggravated and/or delayed remission and consequently resumption of his work activity. Called to decide on the issue by a petition filed by the employer, the Court of Cassation, consistently with its consolidated case law, observed that for a dismissal to be justified the imprudent behaviour of the worker is per se sufficient, who, with his behaviour, can hypothetically jeopardize a timely resumption of work

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