COURT OF CASSATION, 30 APRIL 2015, NO. 8784: LEGITIMATE DISMISSAL FOR USE OF TIME OFF PURSUANT TO ITALIAN LAW 104/92 TO GO DANCING

With its ruling no. 8784 of 30 April 2015, the Cassation Court declared dismissal of a worker for just cause legitimate in the case of a worker who had requested time off to assist a severely disabled mother as per Italian Law 104/1992 and who, in fact, had gone to a dance. According to the judges the employee’s conduct was in conflict with the so-called minimum ethics and therefore the maximum dismissal punishment was justified including in the absence of previous posting of the disciplinary code. With this ruling the Supreme Court once again declared war against employees who, to satisfy personal needs, including futile, abuse time off allowed by law to assist disabled family members. Moreover, as cited by the same Supreme Court, improper use of this time off entails a cost for society on the whole, since it is paid by social security, as well as for the employer.