Acceso usuarios
Arturo Maresca
This article deals with the system of remedies provided by the legislator to sanction unjustified dismissal (i.e. dismissal without "giusta causa" or justified reason). Reintegration is the excep-tion in this system, while compensation is the rule. Hence some indications for the interpreta-tion of the criteria set by the legislator to identify the applicable sanction on each occasion. These criteria have been elaborated by the legislator by isolating within the case of the "giusta causa" or the justified reason the essential nucleus constituted by the "fact" contested in the disciplinary dismissal and by the fact constituting the justified objective reason to apply rein-statement only in case of non-existence (or manifest absence) of this fact. A survey that, unlike the one aimed at ascertaining the existence of the "giusta causa" or justified reason, presents very limited margins of discretion and excludes the assessment of the proportionality between the infringement and the sanction applied (art. 2106 of the Italian civil code).
