JUST CAUSE

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Italy
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ITALY
GIUSTA CAUSA
JUST CAUSE

One of the instances that legitimate individual dismissal of an employee or resignation by an employee without notice .

It occurs when a fact or situation arises such that the employment relationship cannot be continued even temporarily.

Just cause does not necessarily presuppose non-fulfilment of contractual obligations, since it can refer to facts or situations which are external or private although still incompatible with the possibility of continuing the employment relationship; in reality, however, such facts must be regarded as relevant in so far as they affect the probability of proper fulfilment of contractual obligations in the future.

Non-fulfilment of the duties inherent in the employment contract must be of exceptional gravity, such that it does not fall within the less serious category of subjective justifiable reason or disciplinary sanction as opposed to dismissal (see individual dismissal ).

If the violation is among those laid down by collective bargaining as cause for disciplinary dismissal (see individual dismissal ), the guarantees covering disciplinary sanctions apply to it.

The bankruptcy of an enterprise, or its compulsory liquidation, does not constitute just cause for dismissal (see justifiable reason ).


Please note: the European industrial relations glossaries were compiled between 1991 and 2003 and are not updated. For current material see the European industrial relations dictionary.