A recent sentence of the Labour Court in Milan confirmed the important principle that in disciplinary procedures pursuant to Art. 7 of the Labour Statute and for termination for just cause, the occurrence of actual damages to the company provoked by the improper conduct of the employee is completely irrelevant. The court underlined that even conduct potentially damaging is sufficient to fall within the parameters of failure to meet the fundamental obligations to the employer, thereby justifying the termination of that employee. The decision also confirmed that just cause, understood as a breach of the fiduciary element of the employment relationship, prescinds from the presence of a violation of internal regulations established by the employer. In addition, according to the court, recidivism does not constitute a pre-requisite for dismissal (and therefore does not have to be specifically contested), but only one of the elements that can be taken into consideration in order to evaluate the fairness of the measure taken by the employer.
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