08/09/2024

DISMISSAL FOR GOOD CAUSE AND SLOPE
OF CRIMINAL PROCEDURE
Cass., sect. lav., 20 February 2024, n. 4509, ord. –
Pres. Doronzo – Rel. Amendola – M. Spa against A.A.

The burden of proving that the employee has committed an act which does not allow the continuation of the employment relationship or represents a significant non-compliance pursuant to articles. 2119 c.c. and 3, law n. 604/1966; this fact certainly cannot be represented by the mere pending criminal proceedings, which may possibly justify the precautionary suspension from the employment relationship and the deferral of the dispute of the charge.