DATA PROTECTION
Court of Cassation: the employment of a private investigator by the employer to ascertain the misuse of permits pursuant to Law 104/1992 does not violate the legislation on the protection of personal data.
The Court of Cassation recently ruled on a case of dismissal for just cause adopted by a company against one of its employees. The latter had challenged the legitimacy of the disciplinary measure, arguing that the investigative activity carried out on behalf of the employer represented a violation of his privacy. The survey was commissioned to verify the effective use of paid leave granted under Law no. 104/1992 for the assistance of a family member with a disability.
The checks conducted showed that the worker, on the days of use of the permits, had dedicated part of the time to personal and recreational activities, including cycling, instead of providing assistance to the disabled relative. On the basis of this evidence, the company had proceeded with the disciplinary dismissal for abuse of the benefits provided for by current legislation.
The employee appealed the dismissal, but both the Court and the Court of Appeal of Brescia confirmed its legitimacy. The judges on the merits held that the improper use of paid leave constituted a violation of the relationship of trust with the employer. In addition, the Court of Appeal underlined the systematic nature of the abuse, highlighting how the repetition of the conduct was incompatible with the welfare purposes of Law no. 104/1992, thus justifying the expulsion measure adopted.
The worker then appealed to the Court of Cassation, which - with regard to the issue of privacy allegedly violated - specified that the investigative activity did not concern the performance of the work, but exclusively the method of use of paid leave. This form of control, according to the consolidated jurisprudential orientation, is lawful if aimed at ascertaining unlawful conduct by the employee, such as the abuse of welfare benefits.
The checks conducted showed that the worker, on the days of use of the permits, had dedicated part of the time to personal and recreational activities, including cycling, instead of providing assistance to the disabled relative. On the basis of this evidence, the company had proceeded with the disciplinary dismissal for abuse of the benefits provided for by current legislation.
The employee appealed the dismissal, but both the Court and the Court of Appeal of Brescia confirmed its legitimacy. The judges on the merits held that the improper use of paid leave constituted a violation of the relationship of trust with the employer. In addition, the Court of Appeal underlined the systematic nature of the abuse, highlighting how the repetition of the conduct was incompatible with the welfare purposes of Law no. 104/1992, thus justifying the expulsion measure adopted.
The worker then appealed to the Court of Cassation, which - with regard to the issue of privacy allegedly violated - specified that the investigative activity did not concern the performance of the work, but exclusively the method of use of paid leave. This form of control, according to the consolidated jurisprudential orientation, is lawful if aimed at ascertaining unlawful conduct by the employee, such as the abuse of welfare benefits.
