DLP Insights

Court of Cassation: even the Constitution protects the autonomy of the employer

Categories: DLP Insights, Case Law

12 Aug 2011
The Court of Cassation, with sentence No. 17093/2011, declared that the judge, on the one hand, has to interpret the flexibility that the provision concerning the dismissal for “justified subjective reason” offered him (as well as for “just cause”) in order to adapt it to a social context which develops continuously; on the other hand, however, the judge’s evaluation of the future reliability of the employee, on which the decision to deny the lawfulness of the dismissal is based, cannot digress in the employer’s sentence of organizational choices that otherwise he would not have taken, because it would be an intervention in breach of the constitutional principles which provide that the organizational structure of the company is, as a general rule, established unquestionably by the employer and the judge cannot bind him to forced changes.

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