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Dismissal for just cause and proportionality manager

" In the case of dismissal for cause, for the purposes of proportionality between the fact and charge termination, consider any behavior that is, by its gravity, is likely to shake the confidence of the employer and suggest that the continuation of the relationship will be resolved in an injury to business purposes, being decisive for the assessment of proportionality, the influence on the employment relationship is able to exercise behavior of employees who, because of its concrete mode and the frame of reference, appears likely to question the fairness of performance and future indicates a disinclination to diligently implement its obligations, to behave according to the canons of good faith and honesty. It is for the trial court to assess the appropriateness of the sanction of expulsion is not based on an abstract assessment of the fact charged, but taking into account all aspects each concrete case, in the light of a unified and systematic appreciation, it is clear indication of its severity compared with a useful continuation of the employment relationship, allocated to it pre-eminent importance to the configuration of the alleged deficiencies do collective bargaining, but also intensity intentional element, to the confidence required of the tasks performed by the employee, prior to implementation of the report (and in particular its length and lack of prior sanctions), to its particular nature and type " (Court of Cassation, section work, June 22, 2009 No 14586). With
cited, the Supreme Court ruled that can not be fired the employee who departs without permission from the workplace, if this is the first breach of discipline during his career. E 'nullifying the purpose of assessing the proportionality between charge and sentence, the impact that the conduct of an employee is able to carry on the employment relationship, putting in doubt the future of compliance and fairness which indicates a disinclination to carry out diligently obligations with diligence and honesty. Thus, a long length of service, accompanied by a pipe with no previous disciplinary records, is a valid prognostic tool for the correctness of future performance.