A recent ruling by the Court of Turin overturns the thesis of a dismissed employee, who claimed to be continuously monitored by his superiors in his activity of verifying the work contracted out, with the consequent lateness and unfoundedness of his immediate #dismissal (motivated by the payment of large undue sums to some contractors and subcontractors).
At the end of a truly complex testimonial test, the sentence ascertains that the employee not only failed to carry out the necessary checks, but had even taken an “active part in favoring the abuses of the contracted companies to the detriment of the client”. The sentence also excludes that the employing company had known and accepted the way in which the employee controlled (or rather, did not control) the contracted activities in the field, as it was found that the superiors implemented sporadic #sample #checks, as, due to the amount of work and the internal organisation, they necessarily trusted in his #correctness and #loyalty. And it was from one of these random checks that the suspicion arose and, therefore, the internal investigation into the employee’s entire actions. From here, the Court of Turin concludes that the trust placed by superiors in the employee is not synonymous with knowledge of the employee’s behavior and, therefore, cannot be used by them “to justify their serious shortcomings”.
The decision, therefore, gives concrete application to the principle of legal civilization affirmed by the Supreme Court in sentence no. 10069 of 2016, according to which the employer has the power, but not the obligation, to continuously and assiduously monitor its employees, as a possible obligation of this kind would fundamentally deny the fiduciary nature of the subordinate employment relationship