Categories: Insights

14 Jun 2012

Court of Cassation: the breach of the basic duties can be sanctioned also without the disciplinary code (Il Sole 24 Ore, June 14th, 2012, page 25)

Court of Cassation, with the sentence no. 9644 of the June 13th, 2012, stated that with reference to the disciplinary sanctions the advertising guarantee of the disciplinary code through the post accessible to everyone, is not applied in case the disciplinary proceeding is referred to circumstances regarding a breach of basic duties related to the employment relationship. The Supreme Court overturned the previous sentence of the Court of Appeal of Naples which declared the unlawfulness of the disciplinary sanction.
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