THE USE OF VULGAR EXPRESSIONS DOES NOT JUSTIFY DISMISSAL (IL SOLE 24 ORE, 15 APRIL 2015, PAGE 43)

The conduct of a female worker who gave work files vulgar names is not just cause for dismissal. The Cassation Court established this with ruling no. 5878/15, confirming that the conduct of the worker, despite being censurable in terms of correctness, could not be considered serious enough to irreparably damage the relationship of mutual trust, because it did not constitute a clear and repeated disregard for the company’s honour and image. The ruling provides a basis for highlighting the disparity in treatment that will emerge with the first legal applications of the new law on disciplinary dismissals, between old and new hirings as per Legislative Decree no. 23/2015. If the same case had regarded a worker hired after 7 March 2015, the Judge would not have been able to order reinstatement due to the disproportion of the dismissal compared to the disputed event.