The Court of Cassation, with judgement No. 27206/2017, has declared lawful the decision of a local health unit (ASL) to impose to one of its managers, close to retirement due to reaching the pensionable age, the use of vacation leave and non-used paid leaves, as established by the contractual obligations, also in order to prevent any possible, subsequent, request of related indemnities. This, in addition, took place through the adoption of a provision of precautionary suspension, having seen the reluctance of the manager, without starting the protection procedure established in article 7 of the Law No. 300/170. In this respect, the Court has also pointed out that the precautionary suspension, having “ontologically” different nature compared to a disciplinary suspension, is free from the formalities established for the disciplinary procedures, including the obligation to guarantee to the employee the right of defence. In deciding in this sense, on the matter of precautionary suspension, the Court has mentioned its previous rulings: 15353/2012 and 25136/2010).
