DLP Insights

Cassation: The principle of ne bis in idem also applies to disciplinary proceedings (Il Sole 24 Ore, 23 October 2014, p. 49)

Catégories: DLP Insights, Case Law

24 Oct 2014
In its Judgment No. 22388 of 22 October 2014, the Court of Cassation held that the principle under which no legal action can be instituted twice for the same cause of action is also applicable to labour relations, including disciplinary proceedings taken against workers. The Court ruled that the dismissal of a worker based on a final and binding conviction for embezzlement was invalid, in that disciplinary proceedings had earlier been taken against the worker based on the same facts, resulting in a cautionary penalty.

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