Fair cause upheld where worker is dismissed for consuming food and beverage belonging to the company, regardless of the intrinsic value of said items

dismissed for consuming food and beverage belonging to the company

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.

0

Related Posts

Legitimate dismissal (for poor…

(By Enrico Vella, Trifirò & Partners Law Firm) With Ordinance No. 24722/2022 of 11.8.2022, the Supreme Court of Cassation, ruling on the legitimacy of a dismissal imposed for poor performance,…
Read more

The dismissal of probationary…

(Court of Milan, 22 June 2022, no. 1638) Labour Law (case followed by Andrea Beretta) An employee hired with a part-time contract and dismissed during the probationary period, challenged the…
Read more

The new world of…

As has been effectively said, the future (or present) of the world of work - a consequence of economic and organisational transformations due to the pandemic - is a hybrid…
Read more