Serious violation of the highway code while driving a company car constitutes grounds for dismissal for just cause \u2013 albeit reasons unrelated to the job.<\/p>\n\n\n\n
Court of Cassation, Employment Section, Judgement 7 April 2021, no. 9304<\/em><\/p>\n\n\n\n Serious violation of the highway code while driving a company car constitutes grounds for dismissal for just cause \u2013 albeit reasons unrelated to the job. Integra giusta causa di licenziamento una grave violazione del codice della strada \u2013 per ragioni estranee al servizio \u2013 da parte di un dipendente alla guida dell\u2019auto aziendale Corte di Cassazione, sezione lavoro, sentenza n. 9304 del 07 aprile 2021 Il caso trae origine dal licenziamento per giusta causa irrogato ad un lavoratore per gravi violazioni del codice della strada […]<\/p>","protected":false},"author":1,"featured_media":1891,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[44],"tags":[94,50,57],"yoast_head":"\n
\n\nThe case originates from the dismissal for just cause of an employee for serious violations of the highway code \u2013 entering a crossroads on a flyover in the wrong direction, risk of causing an accident \u2013 while driving company car, reacting badly to the Traffic Police, alleging non-existent work-related reasons to try to justify his traffic violations and using the name of the company for his own ends.
\nThe employee sued for unfair dismissal. The court found (and this was upheld by the Court of Appeal) that the dismissal was legitimate, given that the conditions for just cause for dismissal were met, even though the claimant\u2019s conduct was not included among the types of conduct covered by the provisions of the national collective bargaining agreement applied as constituting just cause for dismissal.
\nThe Supreme Court upheld the judgment of the Court of Appeal stating that \u201cthe collective contractual typification of \u201cjust cause\u201d has a merely illustrative, not preclusive of its assessment of the suitability of a serious breach, or a serious behavior of the employee contrary to the rules of communal ethics and civility the irreparable rupture of the relationship of trust between employer and employee\u201d: with the only limitation \u201cof not being able, if a particular conduct of the employee alleged by the employer as a just cause for dismissal is provided for by the collective agreement requires a specific disciplinary infraction, which corresponds to a conservative sanction, make it the subject of an independent assessment of greater seriousness (Cass. June 17, 2011, no. 13353; Cass. May 7, 2015, no. 9223; Cass. May 7, 2020, no. 8621)\u201d.
\nBased on this premise, the Supreme Court rejected the employee\u2019s claim, confirming the legitimacy of the dismissal for just cause.<\/p>","protected":false},"excerpt":{"rendered":"