Verbal assault and dismissal for just cause (Il Quotidiano del lavoro de Il Sole 24 Ore, 25 January 2021 – Enrico De Luca, Antonella Iacobellis)

The Supreme Court With ruling no. 553 of 2021 confirmed the legitimacy of the dismissal for just cause imposed on a worker who had uttered offensive and threatening sentences against the company’s judicial administrator.

The Supreme Court argued that the decision of the Court of Appeal of Bari which had declared the legitimacy of the dismissal was based not so much on the probative value of the report issued by the judicial administrator but on the oral preliminary findings from which the profiles of seriousness of the conduct put in place by the worker, such as to be incompatible with the continuation, even temporary, of the employment relationship.

Not only that, the Court of Cassation specifies that even under the profiles of proportionality and reasonableness, the maximum expulsive sanction must be considered fully congruous with respect to the conduct attributed to the worker.

Click here to read the full version in Italian published by Il Quotidiano del Lavoro – Il Sole 24 Ore.