The judge must assess the seriousness of the conduct: if it is such as not to allow the continuation of the relationship, he can legitimize the dismissal without notice
The dismissal for subjective reasons can be notified by the employer with or without notice: in the first case the withdrawal is determined, pursuant to art. 3 of the L. 604 / 66, by a significant breach of the contractual obligations by the employee (so-called dismissal for justified subjective reason), in the second hypothesis, instead, there is the conduct of the worker so serious as to damage the trust placed at the basis of the employment relationship and not to allow the continuation, even provisional, of the same ( cd dismissal for just cause ex art. 2119 cc).
The generality of the legal notion of just cause contained in art. 2119 c.c. (defined, verbatim, “a cause that does not allow the continuation, even provisional, of the relationship”), is in a certain sense remedied by the collective bargaining , which generally identifies the cases in relation to which the imposition of the layoff is legitimate. The jurisprudence, however, agrees that these contractual examples are not binding on the judge for the purpose of his decision on the existence of the just cause, » Read More