DLP Insights

The Covid quarantine obligation does not justify employee absence (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 11 February 2021 – Alberto De Luca, Roberta Padula)

Categories: DLP Insights, Publications, News, Publications | Tag: Dismissal, Covid-19, Covid quarantine, employee absence

11 Feb 2021

The Court of Trento, in a ruling dated 21 January 2021, stated that an employee who is absent from work due to a fiduciary isolation ordered due to their (avoidable) choice to spend holidays abroad constituted just cause for dismissal. The Court’s ruling stems from an appeal brought by an employee who had been dismissed because, following repeated absences for various reasons (holidays, leave under the 104 law, child illness, etc.) and recently returned from a holiday period in Albania, had been absent from work for 14 days to observe the quarantine required by law. This absence had caused “serious organisational problems (…), thus causing serious harm to the company.” The employee contested the dismissal, claiming that it was null and void since it was based on unlawful retaliatory reasons and it lacked just cause, since the act was justified by compliance with legal obligations. 

Continue reading the full version published in Norme & Tributi Plus Diritto of Il Sole 24 Ore.

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