News
A disciplinary complaint is not generic if it allows a worker to defend himself against the charges
- 23/07/2018
By Judgment no. 9590 of 18th April 2018, the Court of Cassation has stated that the requirement of the specificity of a disciplinary complaint aims at making possible for a worker to clearly understand the charges against him and, therefore, to fully defend himself. So, the genericity of a complaint can never be invoked when an employee is in a position to properly exercise his right of defence.
The case under the scrutiny of the Court was about an employee who was accused of performing an extra-work activity which was not clearly specified by the employer. Nevertheless, the Court has ruled that the employee was perfectly aware of the object of the complaint and also that he had adequately defended himself.
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