News
Is dismissal for the performance of play or work activities in favour of third parties during absence due to illness legitimate?
- 09/05/2022
The Supreme Court, Section lab., with decision no. 13063 of April 26, 2022, has held that there is no general prohibition in our legal system on the performance of other activities - even in favour of third parties - by the worker absent due to illness; therefore, the employer who for this reason imposes the dismissal is obliged to prove not only that the employee is actually carrying out other activities, but also an additional element, namely either that the state of illness was simulated or that the other activity carried out was potentially suitable to jeopardize the return to service, even in terms of mere delay.
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