The dismissal of a production manager who verbally assaulted a colleague during a trade union meeting is legal

With its judgement no. 24030 dated 24 November 2016, the Court of Cassation pronounced itself on the subject of dismissal for cause, by quashing with remand a judgement of the Court of Appeal who held jurisdiction. In the case in question, in confirming the first instance ruling, the Court of Appeal declared that the dismissal for cause of a production manager who had verbally assaulted a colleague during a trade union meeting and behaved in an extortive manner against the brother of the latter, was invalid. The reason given was that the first charge did not fall under those typified by the National Collective Labour Agreement for the industry, because there was no “serious disturbance to the life of the company”, while the evidence submitted for the second charge was insufficient. Moreover, the trial judges considered the disciplinary precedents indicated in the letter of charges (two written warnings and one day of suspension” as “minor violations” . By accepting the appeal filed by the employer, the Court of Cassation pointed out that in evaluating the gravity of the charges against the worker, the following should be taken into account (i) the nature and utility of the individual relationship , (ii) the position of the parties , (iii) the level of reliance required by the specific duties of the employee, (iv) the damages caused, if any and(v) the subjective extent of the facts. Moreover, according to the Court, it is also necessary to take into account the “negative environmental value” that the employee’s conduct may have if, because of the professional position held by the latter, he or she may have a negative influence on other employees. The Court of Cassation thus once again defined the criteria according to which a conduct may justify dismissal for cause.