CASSATION COURT: WRONGFUL DISMISSAL FOR INJURED WORKER WHO WORKS ELSEWHERE (IL SOLE 24 ORE, 5 MARCH 2015, PAGE 51)

According to the Cassation decision no. 4237/2015 the conduct of a worker, who during a period of leave due to injury worked at a third party performing a job substantially coinciding with his employment does not constitute just cause for dismissal. This conduct can only be punished with a penalty preserving his employment. The Supreme Court clarified that, to assess if the performance of another job during a period of leave is such as to compromise recovery, it is necessary to make an ex post evaluation, i.e. after the period of leave is completed. In the case in hand, the worker’s performance of another job at the same time as the period of leave did not prevent the worker from regularly returning to work, consequently it could not be considered a condition preventing the fastest recovery from disabling consequences.