By Order no. 27353 of 26 September 2023, the Court of Cassation ruled on the case of an employee<\/p>\n\n\n\n
who had been dismissed for stealing company assets of low value. The employee challenged his<\/p>\n\n\n\n
dismissal and brought a legal action asking to be reinstated back to work. The Court, while ruling<\/p>\n\n\n\n
out the annulment of dismissal, held that the dismissal was disproportionate to the modest value of<\/p>\n\n\n\n
the goods stolen by the employee and sentenced the Company to pay compensation to the<\/p>\n\n\n\n
employee. The Court of Cassation, after hearing the case, confirmed that, since the charge (i.e.<\/p>\n\n\n\n
theft) fell within those for which the applicable National Collective Bargaining Agreement provided<\/p>\n\n\n\n
for dismissal, the employee\u2019s dismissal could not be annulled. However, since the sanction imposed<\/p>\n\n\n\n
was clearly disproportionate to the offence committed, the Supreme Court upheld the decision of<\/p>\n\n\n\n
the trial judges, holding that compensation under Article 18(5) of Law no. 300 of 1970 was<\/p>\n\n\n\n
applicable in the case at hand.<\/p>\n","protected":false},"excerpt":{"rendered":"
By Order no. 27353 of 26 September 2023, the Court of Cassation ruled on the case of an employee who had been dismissed for stealing company assets of low value. The employee challenged his dismissal and brought a legal action asking to be reinstated back to work. The Court, while ruling out the annulment of […]<\/p>\n","protected":false},"author":5,"featured_media":25226,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[177,190,196,212,158,208],"tags":[530,941],"class_list":{"0":"post-25225","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","6":"hentry","7":"category-insights","9":"category-news","11":"category-publications-2","12":"category-publications","13":"tag-dismissal","14":"tag-licenziamento-en"},"acf":[],"yoast_head":"\n