THE CASE OF THE DRIVER'S DISMISSAL
A driver had challenged in the Court of Appeals the decision of the first instance Judge which had declared the dismissal for just cause legitimate. Essentially, the Court confirmed the legitimacy of the dismissal imposed on the worker due to an accident during which the vehicle driven by the employee, on which a crane, crashed, due to the poor positioning of the latter, against the beam of the bridge located on the provincial road traveled. The employer had deemed the employee's non-compliance that caused the accident, and further aggravated by the failure to complete the mandatory time sheet and the tachograph, so serious that it terminated the employment relationship with the employee without recognizing the usual notice period. According to the Court of Appeals, the accident had legitimately and irreparably damaged the trust relationship at the basis of the employment relationship. The second-degree ruling was also challenged, complaining of a disparity in treatment by the employer in similar cases.
THE DECISION OF THE SUPREME COURT ON THE DISMISSAL OF A DRIVER
The Court of Cassation, with order no. 22115, rejected the appeal, recalling that, in terms of disciplinary dismissal, the possible disparity in treatment between two workers must emerge during the trial through significant elements and such as not to require a review by the employer aimed at justifying the diversity of treatments adopted. The possible enhancement by the judge of similar situations, for the purpose of assessing unreasonable disparity, can only find a basis in allegations present in the case, such as to allow a factual investigation and a possible comparison. The allegation and evidentiary profile therefore assumes essential value in order to allow the judge of merit to concretely appreciate the similarity of situations treated, unreasonably, in a different manner. Essentially, the employer does not have to justify the reason for dismissing a worker for conduct that another worker was not sanctioned for.