News

 

Disciplinary dismissal: it is allowed the hearing after having submitted written justifications

  • 20/10/2020

The Supreme Court, with sentence no. 19846 of 22 September 2020 established that, in terms of disciplinary sanctions, the worker must be recognized the possibility of full expression of the right of defense and, therefore, also the possibility, after having presented written justifications without formulating any request for an oral hearing, to develop "an afterthought" about the greater defensive adequacy of the representation, including oral representation, of the elements of defense. The employer is precluded from any syndication, even from the point of view of compliance and correctness in good faith, of the employee's conduct with reference to the necessity or opportunity of the requested defensive integration, since the relative evaluation is exclusively remitted to the worker.

NEWS

 
Click to view our video