The Court of Cassation, with judgement No. 11027 dated 5 May 2017, ruled once again on the subject matter of disciplinary dismissal. In the judgement under review, the Court, recalling previous cases, reconfirmed that the Judge cannot expand the list of just causes or justified reasons for dismissal beyond what is established by the independence of the parties. According to the Court, this means that behaviour that could abstractly and possibly lead to dismissal for cause or subjective justified reason pursuant to the law cannot fall within the related cases if the collective bargaining agreement has expressly excluded them, establishing for them only disciplinary actions short of termination. In essence, dismissal ordered for a behaviour (in the specific case a disagreement not followed by facts) that the sector’s collective bargaining agreement does not punish with dismissal is unlawful.
