Regarding dismissal for just cause for a subjective reason, the elements for the assessment developed by case-law are essentially two: first, the existence of objective findings about the inadequacy of the worker’s performance, with a comparative analysis of the average performance of peers assigned to the same duties; second, the subjective analysis must focus on the “poor performance” due to the worker’s negligence (which poses a number of obstacles at the evidence level). In addition, it must be noted that not necessarily multiple disciplinary penalties may lead to the grounds for dismissal due to negligence or poor performance.
Read here the original version published on Il Sole 24 Ore and Il Quotidiano del Lavoro.
