Just cause for dismissal and specificity of the dispute

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Court of Sassari, Sentence of 22 February 2022, case followed by Mariapaola Rovetta and Federico Manfredi

With a recent sentence of 22 February 2022, the Labor Judge of Sassari confirmed the principle of the Supreme Court according to which if the dismissal is ordered for just cause and the employee has been challenged with various episodes relevant on a disciplinary level, each of them independently considered constitutes a suitable basis for justifying the sanction. It is therefore not the employer who has to prove that he has dismissed only for the complex of the behaviors charged, but the party who has an interest in it, that is the worker, who must prove that only taken into consideration jointly, due to their overall seriousness, the individual episodes were such as not to allow even provisional continuation of the employment relationship.

Furthermore, the sentence found that the requirement of the specificity of the disciplinary challenge was satisfied, on the basis that, in general, the contestation of the objections does not require a minute, complete and detailed statement of the facts that make up the offense, nor the specific indication of the violated rule and not even the specific indication of the reasons of disciplinary relevance of the same, in terms of impact on trust, it being sufficient that the employee, by reading the charge, is placed in a position to grasp the extent of the fact that is being contested.

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