Dismissal of an employee who carries out other activities while on leave referred to in Law no. 104 is lawful

The Court of Cassation, with its judgement No. 29613 dated 11 December 2017, declared lawful the dismissal for just cause ordered to an employee who carried out another activity during his absence from work, in addition to an injury, to assist a family member with disability pursuant to article 33 of Law 104/1992. In particular, the Court of Cassation deemed valid the decision with which the competent local Court of Appeals confirmed the judgement of the Court of first instance and rejected the employee’s appeal against the dismissing measure. According to the Court of Cassation, first of all, the fact charged against the employee was adequately detailed and properly met the requirements for providing adequate defence, since the days on which the work activity would have been carried out, were indicated. Regarding the seriousness of the complaint which led to the dismissal, the Court pointed out that the fraudulent conduct committed by the employee was such as to irremediably damage the relationship of trust established as a basis for the employment relationship, especially in consideration of the “… reason for the leave for disability dishonoured by the obvious lack of interest shown toward the family member under denied assistance”.