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Judgment of the Cassation

Anyone who speaks ill of the Company risks their job. The Supreme Court: "Ruining the company's image undermines the relationship of trust between the company and the employee."
ROME – Those who speak ill of the company in which they work, or of their colleagues, can be fired. This was established by the Court of Cassation which, with sentence number 19232 of 14 September, upheld the appeal of a health facility which had fired a nurse because, among other things, she had «uttered offensive expressions about the ability and professionalism of the staff , and in particular against the head nurse of the sterilization department and against the head nurse of the day hospital".
THE STORY - The worker who discredits the company by speaking badly of the services offered and the professionalism of his colleagues can therefore lose his job. The fired nurse (who had spread the rumor of the presence of expired medicines and equipment and medical aids) had initially got her job back. The Court of Monza to which the woman had turned had in fact agreed with her and canceled the dismissal (recognizing also a reasonable compensation for damages). The Court of Appeal of Milan, then, had reduced the extent of the damage but confirmed the reinstatement in the workplace. So the health company appealed to the Cassation, ending up winning it.
NEW JUDGMENT - I judges of the work session accepted the appeal, referring the case to the territorial court of Brescia, inviting the new panel to reconsider the cas. of the structure. According to the judges of Piazza Cavour, «in terms of dismissal for just cause or justified reason, when various episodes are contested against the employee, the trial judge must not evaluate them separately, but globally, in order to verify whether their overall relevance is such to undermine the trust that the employer must be able to place in the employee".
From Corriere.it 17 September 2007

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