Licenziamento disciplinare e controllo di proporzionalità tra tipizzazione contrattuale e potere disciplinare

The Supreme Court ruled again on the problematic question between the typification of disciplinary offenses in the CCNL and the power of the judge to overcome it. In this ordinance, the Supreme Court reaffirms the insufficiency of an investigation that limits itself to verifying whether the fact is attributable to the provisions of collective bargaining, being It is always necessary to concretely evaluate whether the behaviour, due to its severity, is likely to shake the trust of the employer and lead to the belief that the continuation of the relationship will result in a detriment to the company’s objectives, with particular attention to conduct of the worker which denotes a lack of inclination to diligently implement the obligations undertaken and to comply with the canons of good faith and correctness.