SERVICES
Dismissal for Just Cause
Persistent Lateness and Loss of Trust: Dismissal for Just Cause Upheld
Court of Cassation, Labour Division
A worker employed in a technical capacity at a client of his employer challenged the dismissal for just cause, contesting the validity of the disciplinary procedure and arguing that the conduct alleged was not sufficiently serious to justify termination. Both the Tribunal and the Court of Appeal dismissed the claim, and the matter came before the Court of Cassation.
The Supreme Court confirmed the lawfulness of the termination, placing weight on the overall picture of the worker’s conduct. The proceedings had disclosed a pattern of systematic delays in commencing work, sometimes amounting to several hours, accompanied by failures in the management of assigned tasks and non-compliance with instructions received. Such conduct had also had repercussions on the company’s relationship with its client, undermining the reliability of the services provided.
The ruling reaffirms that the assessment of just cause does not depend on any single isolated episode, but on whether the overall conduct is capable of irreversibly compromising the relationship of trust. Where a worker’s behaviour manifests persistent non-compliance with contractual obligations and a clear disregard for the employer’s organisational authority, dismissal may be proportionate even in the absence of conduct amounting to a criminal offence.