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Disciplinary measures: limit within which the employer must be imposed.

Supreme Court, section work, Judgement 18 March 2008, No 7295
Disciplinary measures: limit within which the employer has imposed and the reasons
After the deadline are accepted disciplinary action should be abandoned
Editor - RM -

By decision of 18 March 2008, No 7295, section the work of the Supreme Court of Cassation ruled that even after the complaint and the presentation of the evidence by the employee the same remains protected and is therefore justified the existence of deadlines in the sense that past a certain date the employee could be regarded as accepted his excuses and filed the action disciplinare.L 'indication of a time limit within which the employer must take disciplinary action against the employee, if indicated in the CCNL, for example, within thirty days after receipt of the evidence implies that ignoring the causes of this term loss of power to impose sanctions. So the Supreme Court has recognized the payment of compensation to the employee compensation for dismissal and illegittimo.Fatto dirittoUn employee who had worked for about 7 years in a company is suing the same company to appeal the dismissal for cause irrogatogli and to request reinstatement in employment and compensation. the employee before the dismissal were a series of alleged irregularities in the expenditure incurred with the credit card company, which was followed two disciplinary conservative, challenged before an arbitration panel, which had reduced the sentence imposed by the first and confirmed the second. Later, the alleged irregularities were related to purchases of fuel, and as a result of these latter had been ordered dismissal for just cause. The employee had challenged the arbitration awards due to lack of motivation and lack of dismissal for misconduct and for violation of the proportionality test, generic and untimeliness of the complaint. The court rejected the appeal of arbitration awards; concluded, however, for the unlawful dismissal, and contained five months allowance risarcitoria.La Court of Appeal was of the opposite opinion holding that the employer was deprived of the power disciplinary action and, accordingly, upheld the appeal of the employee incidental declared the illegality of the dismissal had been ordered and ordered the company the payment of compensation commensurate with the total remuneration of matured since dismissal, with accessories. He believed, however, that it should not be considered the main appeal of the company, who then appealed in the Court's decision Cassazione.La CassazionePer the Supreme Court, if it is true that before the disciplinary context is warranted special protection of the worker, and Therefore, the possible existence of deadlines for the start of the disciplinary action, even after the protest, and the submission by employees of their justifications, such protection, and therefore, once again, the existence of deadlines, can also be justified because, after a certain time, the above might be considered its justification and no disciplinary action proseguita.La matter, in reality, is governed by collective bargaining agreements, which are private law contracts entered into by the parties collective is their responsibility to establish, in the mediation of conflicting interests of different positions and, if need be, or not, the deadline for the initiation, continuation and the definition of the disciplinare.L 'interpretation of the court is reserved Negotiable merit, and therefore can not be given further consideration in the Supreme Court where judges on the Supreme Court legittimità.Secondo the applicant company has not disputed that the term was contained in the text, but claimed that was not provided any kind of consequence for non-compliance of esso.Ma to the Supreme Court in any record, and more so in a text intended to take legal value, as the one in question is part of a National Collective Bargaining Agreement, until proven otherwise, every phrase has a specific significato.L 'indication of a deadline for the completion of an activity does not fall under the legally relevant clauses of style, and even The applicant states this. Therefore it must have, in the context of reference, a few conseguenza.Per the Supreme Court in this case, within that context, does not seem conceivable consequences different from that obligation to carry out the specific activities within it, and deprived of this power if the activity is put in place by the deadline. Supreme Court, section work, Judgement 18 March 2008, No 7295