The Court of Cassation, with judgement No. 11895/2017, in declaring unlawful the disciplinary dismissal stated that, in the context of a procedure under art. 7 of Law No. 300/1970, an oral hearing requested by the worker constitutes a prerequisite of his/her right of defence. The Court of Cassation has also clarified that this “unfailing procedural requirement” must be guaranteed even at the presence of extensive and potentially exhaustive written justifications. This is because it is the employee’s request itself that proves that he/she does not deem them sufficient and in any case such to be integrated or clarified in a subsequent hearing.
