Supreme Court dismissed cassation, upholding lower court's finding of serious breach of duty justifying immediate dismissal.
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the cassation appeal filed by the employer against the lower court's decision to dismiss the employee without notice. The lower court found that the employee's failure to terminate a prior employment contract with a competing firm constituted a serious breach of duty, warranting immediate termination. The Supreme Court agreed, ruling that the employer failed to prove the new employment negatively impacted the business or that the employee breached duties, thus upholding the dismissal.
Regesto Legislator
Generato dall'IAArt. 52 § 1 KP; Art. 6 KC: An employer may dismiss an employee without notice for serious breach of duty only if the employee's continued employment in another firm negatively impacted the employer's interests and the employee failed to fulfill their obligations.