The Court of Cassation ruled on an employee’s appeal challenging his disciplinary dismissal for a traffic accident while driving a company vehicle, claiming unequal treatment with colleagues who had not suffered such a penalty in similar situations. The Supreme Court declared the appeal inadmissible and stated that for an unreasonable inequality assessment, the possible consideration of similar situations must be based on allegations present in the case, allowing a comparison
The case submitted to the Court of Cassation concerned an employee who challenged in court his disciplinary dismissal for having caused a road accident by damaging the bridge on the provincial road while driving his company vehicle.
A vehicle with a crane on top, driven by the employee, crashed against a provincial road bridge beam due to the crane incorrect positioning.
The employer company considered the accident a serious breach of contract. In addition, the employee failed to fill in a compulsory parking disk and tachograph, which attests to the vehicle speed. The company terminated his employment without notice.
In ruling no. 469/2019, the Court of Appeal of Bologna, rejected the complaint lodged by the employee against the Court of Ferrara decision which declared the employee dismissal lawful, due to the accident.
The local Court held that the dismissal was lawful, given the conduct seriousness which severely damaged the bond of trust, and considered the dismissal proportionate.
The employee challenged the ruling, appealing to the Court of Cassation, with a single ground of complaint, alleging unequal treatment with other colleagues who had engaged in similar conduct without being dismissed.
The appellant pointed out that the local Court had not considered the objection raised on the different treatment reserved to other employees for similar misconduct.
The worker referred to Court of Cassation principles according to which “ even if it is irrelevant for the existence of just cause or justified reason for dismissal, that a similar breach committed by another worker was assessed differently by the employer, and if the worker’s breach irreparably compromised the fiduciary relationship, those situations may remove the dismissal of its justificatory basis” ” (Court of Cassation ruling no. 14251/2015; Court of Cassation ruling no. 5546/2010; Court of Cassation ruling no. 10550/2013).
To better understand the reasoning behind the Court of Cassation’s decision, it is appropriate to mention the legal principle invoked by the appellant worker.
According to the Court of Cassation ruling no. 14251/2015, the Supreme Court’s well-established case law, states that, it is irrelevant for the existence of just cause or justified reason for dismissal, that a similar breach committed by another worker was assessed differently by the employer, if the worker’s breach irreparably compromised the fiduciary relationship.
Continue reading the full version published in Modulo24 Contenzioso Lavoro (Form24 Labour Litigation) of Il Sole 24 ore.
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