Case Law

The Court of Cassation, with its decision no. 4991/2015, recognized the autonomy of the parties to set the duration of notice.

The Court of Cassation, with its decision no. 4757 of 10 March 2015, established that dismissal due to a worker being unfit to perform his job is unlawful if, on one hand, the dismissal is justified solely by a competent doctor and not also by a local health commission and, on the other, the employer has not proven the impossibility of assigning the employee to other tasks within the company.

According to the Cassation decision no. 4237/2015 the conduct of a worker, who during a period of leave due to injury worked at a third party performing a job substantially coinciding with his employment does not constitute just cause for dismissal.

With its ruling no. 2904 of 13 February 2015, the Court of Cassation established that it is legitimate to dismiss an assembly line worker who continuously fills car seats with paper and trash in order to play a joke on a colleague.

With its ruling no. 2692/15, the Court of Cassation established that an employee’s use of offensive and vulgar words to a company manager of a higher rank constitutes insubordination of a minor degree and, based on the provisions set out in the collective contract, can be punished with a conservative fine. On the contrary any measure for dismissal is considered wrongful.