Fair cause upheld where worker is dismissed for consuming food and beverage belonging to the company, regardless of the intrinsic value of said items.
Edited by Salvatore Trifirò, Francesco Chiarelli, Giampaolo Tagliagambe and Tommaso Targa
Fair cause upheld where worker is dismissed for consuming food and beverage belonging to the company, notwithstanding the small value of said items Tribunal of Bologna, sentence 10 February, 2017).
In the case at hand, a worker employed in a supermarket had consumed on the premises food and beverage commercialised by the company.
In evaluation of the proportionality between the violation committed and the decision to dismiss, the consideration of the small damage inflicted to property does not come into play so much as the fact that the misconduct casts a doubt on future propriety of conduct of the worker in the discharge of of his tasks.
The fact that the worker had consumed food and beverage on previous occasions did not weigh in in, the sense of recidivism, but reflected a disturbing aspect of subjectivity in the conduct of the worker.
In addition, his position as head of a department set a bad example to the employees placed under his responsibility.