Dismissal for Just Cause

Dismissal for Just Cause falls within the scope of Company Investigations. Pursuant to art. 2119 of the Civil Code, the employer can withdraw from the employment relationship, even for an indefinite period, if a cause occurs that does not allow the continuation, even temporary, of the relationship. In this case the dismissal can be given without notice.

Therefore, dismissal for just cause is a tool that the employer can use in response to incorrect behavior carried out by the worker. This occurs in the presence of serious behaviors that undermine trust and the possibility of continuing the collaboration.

The Alpine Investigation Agency has been carrying out investigations for Dismissal for Just Cause for over 30 years, the activity carried out is indicated in an investigative report, valid during the Judgement.

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The employer, in the case of a permanent employment relationship, can resort to dismissal. This circumstance is divided into two subcategories. It should be specified that dismissal for just cause is a different instrument than dismissal for justified subjective reasons. This has in common with the first that it constitutes a notable failure to fulfill the worker's duties, as in the case of negligence in the performance of one's duties or in that of poor performance. In dismissal for just cause and dismissal for justified reason, the relationship of trust between the counterparties certainly disappears. The difference, however, lies in the lesser or greater severity of the behavior adopted by the worker. As we have seen, dismissal for just cause prohibits the continuation, even temporary, of the employment relationship. On the contrary, in dismissal for justified subjective reason the termination of the relationship is not immediate. The worker will therefore be entitled to notice and will temporarily continue the employment relationship.

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Unjustified absence from the workplace by the employee.False Employee IllnessFalse Employee InjuryViolation of paid leave pursuant to Law 104 of 1992Incorrect use of company assets and possible offenses damaging company assetsIllicit theft of company assets (theft in the company)Violation of the non-competition agreement

The investigative activity is structured by always taking into consideration the objective that the client wants to achieve:

Verification of movements at agreed times, through static (so-called stalking) and dynamic (so-called shadowing) visual monitoring activities; Use of GPS satellite systems, as foreseen and authorized by Ministerial Decree 269 of 1 December 2010; At the end of the investigations, a Written report that can be produced in court accompanied by photographic evidence and videos; Documentation through videos and/or photos; List of employees who carried out the investigation for a possible call as witnesses in court at the competent court.

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