The\nLabour Court of Padua, by ruling dated 4 October 2019, established that\ndismissal for just cause of employees who falsely attest to their presence in\nthe office is permitted – and, therefore, lawful -, even if said conduct is\nascertained by the investigative agencies. The case on which the Court of First\nInstance was called upon to decide refers to an employee hired with development\ntechnician within the context of the process of opening new sales outlets. The\nemployee benefited from a position with independent access located in Bologna,\nadjacent to one of the company\u2019s sales outlets, but entirely independent of\nsaid company, separated by a wall. The employee was required to register his\nentry and exit times via a badge stamping system or, should he forget, by\nmanually entering the times in a special printout provided by the company (a\nmethod considered supplementary and not alternative to the former). Having said\nthis, an employee at the company’s security office went to carry out checks on\nthe alarm system at the sales outlet in Bologna and, on that occasion, visited\nthe office next to that of the employee, who, that day, was not on at the\noffice. The employee at the Security Department warned the company, which\ninitiated a series of checks of the employee\u2019s attendance records, noting that\nthe latter often recorded his attendance by entering his times manually in the\nprintout. In this context, the company considered it appropriate to initiate a\nseries of checks, via an investigative agency, on the activities carried out by\nthe appellant. From the investigations, it emerged that, during working hours,\nalbeit attesting otherwise on the attendance sheet, the employee often used to\ncarry out personal matters instead of carrying out his activities for the\ncompany, this was also carried out for a long period of time, which was\nobviously duly paid. This conduct was subject to disciplinary proceedings which\nled to the employee being dismissed for just cause. Therefore, said employee,\nfollowing the appeal of the dismissal, filed an appeal with the Court of Padua,\nwhich called upon the Honourable Court to ascertain and declare the nullity\nand\/or voidability and\/or ineffectiveness and\/or illegitimacy of the dismissal\nordered by the company given that it was without just cause and, in any case,\nrelated to conduct that is punishable by a conservative disciplinary measure.\nThe company duly appeared in court, contesting all charges and also demanding\nthat the appellant be ordered to pay the legal fees.<\/p>\n\n\n\n
Click here to continue reading the note to the ruling.<\/p>\n","protected":false},"excerpt":{"rendered":"
The Labour Court of Padua, by ruling dated 4 October 2019, established that dismissal for just cause of employees who falsely attest to their presence in the office is permitted – and, therefore, lawful -, even if said conduct is ascertained by the investigative agencies. The case on which the Court of First Instance was […]<\/p>\n","protected":false},"author":5,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[177,190,208],"tags":[530,941,957],"class_list":{"0":"post-21481","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"hentry","6":"category-insights","8":"category-publications","9":"tag-dismissal","10":"tag-licenziamento-en","11":"tag-licenziamento-per-giusta-causa-en"},"acf":[],"yoast_head":"\n