Quotidiano del Lavoro – Il Sole 24 Ore, 19 novembre 2021 – Marco Tesoro
The involvement of a senior manager in a criminal investigation, even if for facts of considerable gravity, does not in itself justify dismissal for just cause. Thus is stated by the Court of Cassation, in its judgment no. 34720 of 16 November 2021. For the Supreme Court, this principle does not derive from the presumption of innocence under Article 27, paragraph 2, of the Constitution, which concerns the guarantees relating to the implementation of the punitive claim of the State and therefore can not apply to the exercise of the employer's right to terminate for just cause. What matters is the suitability of the fact to integrate the extremes of just cause or justified reason for withdrawal.
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