The Court of Cassation, with judgement No. 23408 filed on 06 October 2017, stated that there is no obligation for the employer when initiating disciplinary proceedings against one of its employee responsible for a breach to make available to him/her the corporate documentation on which the dispute is based. This is because, as part of a disciplinary proceedings, the employer is obligated to provide the documentation for consultation only if so requested by the accused employee, in accordance with the principles of correctness and good faith which are at the base of the performance of a typical employment relationship. There are situations where this process is the only one that allows the individual worker to be fully aware of the charges brought against him/her and to justify himself/herself in the best possible way. However, these situations are not always present, since the worker may have been informed in detail about his or her shortcomings or the worker may wish not to justify himself/herself. And it is specifically on the basis of these assumptions that the Court of Cassation established that the validity of the measure taken is not voided at the outcome of a disciplinary proceeding by the employer’s decision not to show the corporate documentation on which the alleged fault of the employee is based, since such documentation has not been requested by the employee.
