The podcast that explores the world of work through the lens of the law. Hosted by Attorneys Stefano Trifirò, Mariapaola Rovetta Arici and Jacopo Moretti – Trifirò & Partners Avvocati
In today’s episode, we examine a case concerning the dismissal of an employee who, despite a medical prescription requiring rest and immobilisation of the arm due to injury, was seen at the seaside—riding a scooter—during his sick leave. For the employer, such conduct amounted to a breach of the duty of trust, sufficient to justify summary dismissal for just cause.
But is prejudicial conduct alone enough to warrant immediate termination without notice?
Or is concrete evidence required—evidence of actual harm to the employee’s recovery (in this case) or to the employment relationship itself?
In this episode, we will explore:
- The fine line between illness and incompatible behaviour;
- The employee’s duty of good faith, even while on sick leave;
- The role of evidence, and why suspicion or mere appearances are not sufficient to justify dismissal for just cause.
This is a complex area where the balance between employee rights and employer prerogatives often hinges on a concrete assessment of risk and of any breach of the fiduciary relationship.
