News
Oral dismissal is not proved by the mere cessation of the job performance
- 19/03/2019
The worker who challenge a dismissal, ordered without observing the written form, has the burden of proving, as a constitutive fact of his judicial request, that the termination of the employment relationship is attributable to the will of the employer.
The mere cessation in the execution of the working performance is not, in fact, a suitable proof, especially when the employer complains that the employment relationship has been resolved due to the resignation of the employee. This is what was stated by the Supreme Court of Cassation that, with the sentence no. 3822/2019, reformed the decision of the Court of Appeal that had accepted the appeal of the employee against the dismissal allegedly announced in oral form.
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