Dismissal for fraudulent use of the badge: the Supreme Court confirms, goodbye to work

There are ways and ways to get fired. But what the employee of the EAV (the Ente Autonomo Volturno, the company that manages public transport in Naples and Campania) chose is something to be avoided according to the worker's manual. The Cassation has just put an end to an affair that smacks of cunning and lack of professionalism: it confirmed the dismissal of those who used the badge fraudulently. No return to the company, no repechage. The employment relationship is closed forever.

The protagonist, a certain Mr. Nappi (the name is already on the sentence), thought he was smarter than the others. His little game? He had a colleague stamp his badge or used it himself before leaving, resulting in hours of work that were never actually performed. In short, a scam to the detriment of the company and all citizens who pay for the ticket. The termination of the employment relationship came after an internal process, and now the Supreme Court has agreed with the EAV: the dismissal is valid, indeed, sacrosanct.

When the badge becomes a weapon for dismissal

Many think that dismissal for economic reasons is the most frequent cause of termination of the contract. Or that collective dismissal is the nightmare of large companies in crisis. But here we are talking about something else: trust, honesty, good faith. Italian law (article 2119 of the civil code) says that the relationship can end immediately without notice when the fiduciary element is no longer present. And a manipulated badge is proof that the employee is not trustworthy.

• Badge fraud (as in the EAV case): clocking in for others or getting stamped is a deception that justifies outright dismissal.
• Prolonged unjustified absences another classic that leads to the termination of the contract.
• Insulting or threatening the boss in the office: the Supreme Court has said yes to dismissal even in moments of anger, if the episode is serious.
• Unfair competition working for a rival company during working hours or using your employer's resources.

The ruling of recent days leaves no escape: the Supreme Court has reiterated that the employer must not tolerate fraudulent behavior, even if the employee has seniority or past merit. The judge of first instance and then the Court of Appeal ruled in favor of the EAV. Nappi's last attempt was to take the battle to the Supreme Court, hoping for a softer reading of the rules. Instead, the judges ended the match with a curt "legitimate dismissal".

Not just scams: when work ends for economic reasons

Obviously, not all layoffs arise from a flaw. In my career as a reporter I have seen dozens of terminations of employment relationships due to company crises, restructurings or relocations. dismissal for economic reasons is a social plague, especially in the South. But be careful: even in those cases the employer must demonstrate the impossibility of relocating the worker. It's not enough to say "we don't have any more money". While in the case of the scam badge, the proof is clear and the judge won't save you.

The same goes for collective dismissal, which involves at least five people in 120 days. There are union procedures, negotiations, social safety nets there. Here, however, no negotiations: incorrect behavior and the contract breaks like a dry biscuit. The Supreme Court wanted to send a clear signal: good faith in the performance of the service is not an optional, it is the heart of the employment relationship.

So, dear readers from Naples and the rest of Italy, if you get the idea of being clever with your badge, remember Mr. Nappi. His story is already in labor law manuals as an example not to be imitated. And for those who find themselves on the other side, perhaps the victim of an unfair dismissal, the path is different: documentation, witnesses, and a good lawyer. But here, frankly, the worker had no excuse. The badge is sacred: you only stamp it when you enter and exit for real.