PUBLISHED BY Arlati Ghislandi
TAG: ,
Legitimacy of dismissal for gravely illicit behavior outside of the workplace
27
Mar
2019

The employee’s dismissal for gravely illicit behavior outside of the workplace, serious enough to justify disciplinary termination of employment, is lawful, since said behavior is reflected – perhaps potentially, but objectively – on the employment relationship.

 

With judgement no. 4804/2019, Corte di Cassazione ruled in favor of an employer who, in a disciplinary procedure, dismissed an employee called to immediate trial for the illicit detention of a consistent amount of drugs, with evident dealing purposes.

 

The employer started the disciplinary procedure following the employee’s arrest in flagrante delicto and the ensuing report issued by the Authority.

 

The Court highlighted that, in the circumstance, the employee legitimately dismissed theemployee following the disciplinary procedure as regulated by art. 7, Law no. 300/1970, since this decision was reached upon the evaluation of proven circumstances (i.e. the acknowledged detention, with obvious dealing purposes, of a consistent amount of illicit drugs). The civil judge may evaluate, during discussions, any element suitable to be considered as proof, even if said element is related to a criminal procedure, since the employee may challenge elements acquired in a criminal trial during a civil trial.

 

The employee who regularly held a copious amount of illicit drugs performed an action that justifies, per se, dismissal on disciplinary grounds, since this “is reflected, perhaps only potentially, though objectively, on the employment relationship”