LABOR LAW INVESTIGATIONS: THE COURT OF CASSATION JUDGMENTS

The Italian trial is made up of three levels of judgement; the last level, unlike the others, is the same in both criminal and civil trials and is the Supreme Court. The Court of Cassation has the task of guaranteeing the exact interpretation and application of the Law. An appeal to the Supreme Court can be lodged against the measures issued by ordinary judges at the appeal level or at the single level. If the Court finds a defect, it has the power to issue a principle, binding on the referring judge. Even if the Court of Cassation is not binding when judges have to decide different cases, the opinion of the Court is still considered very influential. The judges of the lower jurisdictions, in fact, comply with the decisions of the Court of Cassation in the majority of cases.

Sentence, Court of Cassation n. 6236 of 2001

This ruling deals with the case of an employee. He fraudulently simulated his state of illness, a state which, in theory, would not have allowed him to carry out his normal work functions. To establish the real existence of this state of illness or in any case its inability to determine a state of incapacity for work, the use of an Investigative Agency can be used. This is recognized, also due to the difficulties that the employer may encounter in recognizing these fraudulent behaviors.

Sentence, Court of Cassation n. 17133 of 16 August 2016. With this ruling, the Court established that the employer can legitimately turn to an investigative agency to verify the conduct of its employees, if there is a suspicion that such conduct could negatively influence the performance of the service. In the specific case, the judges examined the appeal of a man who was fired following the fact that he had fraudulently simulated his illness. The worker had challenged the dismissal, complaining about the violation of some articles of the Workers' Statute, as the employer had used an investigative agency to ascertain the reliability of the medical certification.

The Court considers the use of an investigative agency to be more than justified, as the employer can decide autonomously how and when to carry out the checks, as the worker is required to work diligently throughout the entire course of the employment relationship.

THEFT INVESTIGATIONS IN THE COMPANY

Sentence, Court of Cassation n. 25674 of 4 December 2014

With this sentence we are able to firmly consolidate the precious use of an investigative agency, to protect the company against certain crimes and the protection of company assets. In the concrete case we are referring to a cashier, whose employer has a strong suspicion that she is stealing sums of money from the cash register. In this case, using an investigative agency, it was possible to ascertain and document the employee's illicit activity and therefore proceed with the dismissal. The court also legitimized the dismissal, as these were checks aimed at verifying any embezzlement of cash.

Sentence, Court of Cassation 12489 of 2011

The company can legitimately use an investigation agency to verify any illicit behavior of its employees. If successful, you may also be fired. Making use of the help of an Investigation Agency is legitimate. The concrete case refers to an employee in charge of the cash register; the intervention of an investigative agency is valid not only due to the repetition of the crimes, but also due to the mere suspicion or possible hypothesis that the crimes are being committed.

Some articles related to this topic: Dismissal for Theft in the Company, Dismissal for Just Cause: Theft in the Company

Sentence, Court of Cassation n. 9217 of 6 May 2016

This case refers to the dismissal of a person who requested the use of the permits that Law 104/1992 granted him. If the employee only partially uses the leave to assist the person in need, using the remaining time for personal purposes, he commits an abuse of the right that undermines the employer's trust and justifies dismissal. Following the work carried out by a private investigation institute, it was possible to find that the worker went to the home of the person he was supposed to assist for a shorter period of time than expected. According to the opinion of the judges of the Court of Cassation, the use of a private investigator does not constitute a violation of the provisions of the Workers' Statute.

Sentence, Court of Cassation n. 20440 of 12 October 2015

GPS Satellite System:

With this sentence, the Court affirms the full legitimacy of the dismissal carried out following checks carried out remotely by an investigation institute, with the use of the GPS satellite system. The employer can, by contacting an investigative agency, track the movements of the employee who leaves the company during working hours. The judges believe that it is correct to use an investigative agency to monitor the employee, also thanks to tools such as the GPS satellite system which can legitimately be applied under the company car. There's no privacy worth it. In the present case, the Court declared the disciplinary dismissal of a worker responsible for coordinating a group of ecological operators to be legitimate because, during working hours, he had left the company headquarters to laugh at bars or diners. and joke with your colleagues.

Sentence, Court of Cassation 18507 of 21 September 2016Employee filmed by detective agency, control is lawful:

This sentence reiterates that the employer, to ascertain the state of illness of one of its employees, can make use of a private investigation institute. It can, through the use of its own operational means, ascertain the actual state of illness and therefore consequent inability to work. In the specific case, videos and photographs taken by an investigative agency were used to prove that the employee who had passed himself off as sick was actually leading a normal life, also carrying out activities that his "state of illness" would not allow him to do. allowed to carry out. The Court adds the possibility of using tools such as video footage which will provide full evidence in court. Once confirmed in court, the employer will have the right to fire the "smart" worker.

Some articles related to this topic: Use of GPS Satellite Systems for Investigations, Dismissal for Just Cause, What happens in the event of an increase in km reimbursement by the Employee.