Labour: the Judgment of the Month
Legitimate to dismiss the employee during the period of sick is dedicated to the commercial activity of his/her spouse. In this case, the employee was absent from work due to injury. The employer imposed a dismissal for just cause on the assumption that the worker’s conduct (supported by extensive photographic documentation) was incompatible with the existence of the traumatic event and the general obligation to behave in a manner appropriate to a speedy recovery, and, ultimately, with the obligation to return promptly to work. The worker appealed the dismissal attaching medical documentation proving the existence of the trauma and evidence that the activities did not result in any delay in healing and in the subsequent return to work. Further the activities were in line with the normal course of similar traumas. The medical expert witness recorded that, considering the working nature of the accident, the healing time had remained the same as similar cases, but the non-work activity of the employee had placed at risk the promptness of healing and the potential for promoting the healing process. The judge, invoking the legal principle that the assessment should be done judiciously ex ante to the injury and the duties performed, has stated the legitimacy of the dismissal by virtue of the mere risk of aggravation of health conditions or delay in the recovery of the worker.
(Ascoli Piceno Court March 25, 2016)
