PUBLISHED BY Arlati Ghislandi
Access to company documents by the worker in the context of disciplinary proceedings

With sentence no. 7581 of 27 March 2018, the Court of Cassation specified that although current legislation does not obligate an employer to provide a worker facing disciplinary action pursuant to article 7 of law no. 300 of 20 May 1970, with the documents on which the dispute is based. However, the worker in question has the right to examine, in consultation, company documents when this is necessary to prepare an adequate defence.

Therefore, in compliance with the principles of correctness and good faith, the employer must allow the worker access to company documentation when such access guarantees the performance of an effective and adequate, and not merely formal, defence.

In fact, if the aforesaid article 7 of Law no. 300 of 20 May 1970 does not sanction the right to examine company documentation, it certainly assures and protects the right of defence, contemplating the hypothesis that, when necessary, the worker has the right to consult the documentation collected by the employer.