False certification of attendance: legitimate dismissal imposed by the ASL

The Court of Cassation, with judgement No. 17637 dated 6 September 2016, stated that regardless of the prerequisite of intentionality in the conduct, the dismissal ordered by the ASL (local health authority) to an employee who had falsely certified his attendance at work by means of stamping his time-card when arriving and leaving, was lawful. The case in question, according to the Supreme Court, complements the provisions of art. 55 letter a) of the Legislative Decree 165/2001 according to which the disciplinary penalty of dismissal is always applicable in the case of a false certificate of attendance "by altering the attendance tracking systems or in any other fraudulent manner." The interpretation of the Supreme Court is perfectly consistent with recent legislative action to penalize unjustified absenteeism of public officials.