Dismissal, operational sanction prior to the 5 days (Court of Cassation, Labour Division, Judgment No. 21296 of 6 October 2009)

The Court of Cassation has specified that the term of five days as from notification of the charge – whereby prior to expiry thereof it shall not be possible to inflict the relevant disciplinary sanction – solely depends on the need to protect the accused; failing any documental data, it needs be excluded that the provision was also inspired in the intention to allow the employer to effectively consider the measure to be taken and a possible change of mind. The disciplinary measure may be lawfully inflicted prior to expiry of the term provided that the worker has fully exercised his/her right of defence by providing the employer with the respective justifications, without showing any express reservation of further documentary evidence or defensive grounds.

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