Italy: Supreme Court says no disciplinarily dismissal if not planned in the disciplinary code

In a judgment No. 516 of January 11, 2008, the Supreme Court's labour section ruled that an employee can only be disciplinarily dismissed if the grounds given to justify the dismissal are written in the company's disciplinary code. (Ref. 080074)
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An employee working at Alitalia was dismissed because he bought things with the company’s loyalty card which belonged to a third-party who was not on the plane. The employee challenged the dismissal at court. The trial judge gave satisfaction to the employee concerning the fact that the dismissal was illegal, because the fraud on which the dismissal was based was not provided by the disciplinary code. Atalia appealed this decision before Milan’s court of appeal which dismissed it on the grounds

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