Dismissal for cause: during sick leave an employee conducts such activities as to endanger his recovery

Dismissal for cause: during sick leave an employee conducts such activities as to endanger his recovery

The worker was dismissed because during his sick leave he conducted heavy duty activities for his own interests.

Such heavy duty activities impinged on his chances to a quick recovery and justify   the dismissal.

The Court of Appeal of Turin confirmed the lower Court decision and set out the following principles:

  • the verification conducted by an investigation agency during the sick leave were legitimate and could be used as evidence by the Court;
  • conducting activities during sick leave is possible unless such activities endanger recovery;
  • conducting such activities justify dismissal for cause.
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