By way of judgment No. 9635 lodged on 11 May 2016, the Court of Cassation has stated that in no way can the concept of insubordination be limited to the refusal to abide by the instructions given by the employer, but it extends to any conduct capable of causing damage to the company’s organisation. Well then, according to the Supreme Court, an insult aimed at one’s boss not only infringes the needs for protection of the individual under article 2 of the Constitution, but may also “be in itself liable to causing damage do the company’s organisation, since the latter’s efficiency lies (…) on the authoritativeness of his/her own executives and senior managers, and such authoritativeness is certainly damaged when the worker, with offensive tones, ascribes clearly dishonourable qualities to them”. The above regardless of the fact that the conduct at issue is typified by the National Collective Bargaining Agreement as a case of just cause or not, since the concept of ‘just cause’ is a legal concept and in no way can the judge deem to be bound by the provisions under the National Collective Bargaining Agreement. Indeed, in the Court’s opinion, the judge may recognise the existence of just cause in a serious breach or conduct of the worker against the ethical rules and against the rules of common civilised living, should it be detrimental to the relationship of trust between the parties.
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