CASSATION COURT: WRONGFUL DISCIPLINARY DISMISSALS (IL SOLE 24 ORE, 8 JANUARY 2015, PAGE 45)

With its ruling no. 15 of 7 January 2015, the Cassation Court declared wrongful and thus illegal dismissal of a worker, who benefitted from employer accommodations at extremely advantageous conditions, for not having communicated that he was already the owner of other property, in order to continue to benefit from the housing made available by the employer. Specifically, the Cassation Court recognised the charges against the worker, but considered the dismissal wrongful. It is interesting to note that, based on the new employment contract with increased protection based on seniority currently in the process of being approved, a reintegration ruling in similar cases would not be possible (only compensation as protection), since this is only allowed if it is directly proven in court that the material fact which is the basis of the dispute, does not exist.