Bari – The judge of the Labor section of the Court of Taranto, Cosimo Magazzino, rejected the appeal presented by a worker – operator of the cylinder turning of the strip train 2 in the rolling area of the iron and steel industry – against the dismissal for just cause ordered by Acciaierie d’Italia in October last year.
“The charges relating to the conduct consisting in having the worker interfered with the activity of some employees of a contractor company, interacting with them, also using a personal mobile phone during hours and in the workplace, thus contravening the specific prohibition in force in the company “, writes the judge on page 7 of the provision, explaining that” even if he actually believed that some employees of the contractor company were carrying out their work using unsuitable equipment, such as to be able to produce noxious and uncontrolled emissions in the workplace, he should have reported the circumstance, in the appropriate manner, to his supervisor or to those responsible for safety “.
“It should be noted – reads the provision – that the contested conduct is characterized by one marked gravity by reason both of their repetition and intentionality, and of the obvious opposition not only to the duty of diligence but also to the principles of correctness and good faith in the execution of the contract. So that in this case the dismissal turns out to be the only sanction proportionate to the seriousness of the conduct, as this has irremediably damaged the fiduciary bond that characterizes the subordinate employment relationship, so as to cast doubt on the future correctness of the fulfillment “. The Court rejects the appeal and condemns the worker to pay the costs and fees of the trial, which he pays a total of 1,500 euros.