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Italy It. 3

Italy It. 3 Disciplinary dismissal - application of statutory procedure relating to disciplinary measures - incorporation of procedure in collective agreements. HEADNOTES Facts Sra. Urbani was summarily dismissed from employ- ment by Ellesse SpA which alleged that she had misappropriated two items of clothing. The plaintiff claimed that her dismissal was wrongful because it was effected without observing the procedures laid down in Section 7 of the Workers' Statute for disci- plinary measures, as well as being unjustified. Fur- ther, the notice of dismissal had been given during sick-leave. She applied to the Perugia Pretore for an order to reinstate her in her employment and for compensation. The Pretore found that Section 7 was inapplicable and that the employee's behaviour warranted dismissal, and he rejected the application. This decision was upheld by the Perugia Court of Appeal, although it found that Section 7 applied to dismissal for disciplinary reasons. The employee appealed to the Court of Cassation on the ground that the Appeal Court had not dealt with the fact that the allegations of Ellesse were without founda- tion. The Company made an interlocutory applica- tion for confirmation of the inapplicability of Section 7 to disciplinary dismissals. Decision The statutory procedures http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Labour Law Reports Online Brill

Italy It. 3

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
2211-6028
DOI
10.1163/221160276X00346
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Abstract

Disciplinary dismissal - application of statutory procedure relating to disciplinary measures - incorporation of procedure in collective agreements. HEADNOTES Facts Sra. Urbani was summarily dismissed from employ- ment by Ellesse SpA which alleged that she had misappropriated two items of clothing. The plaintiff claimed that her dismissal was wrongful because it was effected without observing the procedures laid down in Section 7 of the Workers' Statute for disci- plinary measures, as well as being unjustified. Fur- ther, the notice of dismissal had been given during sick-leave. She applied to the Perugia Pretore for an order to reinstate her in her employment and for compensation. The Pretore found that Section 7 was inapplicable and that the employee's behaviour warranted dismissal, and he rejected the application. This decision was upheld by the Perugia Court of Appeal, although it found that Section 7 applied to dismissal for disciplinary reasons. The employee appealed to the Court of Cassation on the ground that the Appeal Court had not dealt with the fact that the allegations of Ellesse were without founda- tion. The Company made an interlocutory applica- tion for confirmation of the inapplicability of Section 7 to disciplinary dismissals. Decision The statutory procedures

Journal

International Labour Law Reports Online – Brill

Published: Jan 1, 1975

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