News
Dismissal is legitimate even if the non-labor behavior integrating due cause of dismissal is prior to employment
- 18/02/2019
The non-labor behavior that may be relevant for the purposes of integrating the due cause of dismissal, does not necessarily have to be subsequent to the establishment of the working relationship, provided that such behavior, learned by the employer after conclusion of the contract, is effectively incompatible with the degree of entrustment required by the tasks assigned to the employee.
Thus, the Court of Cassation expressed with sentence no. 428 of 10 January 2019, which confirmed the decision of the territorial Court which had given importance to the behavior held prior to the establishment of the employment relationship and, after having considered them proven, had considered them suitable, due to their seriousness, to justify dismissal for due cause.
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