The unjustified absentee worker can not be dismissed because of the need to assist the depressed daughter
A serious family reason, supplemented by the serious postpartum syndrome of the daughter, should be considered in assessing the missing employee who does not submit the forms requesting leave. Assisting the daughter affected by severe postpartum depression justifies the failure to send the permit to take leave: it can not, therefore, trigger the dismissal for just cause of the employee who is unjustifiably absent.
The Supreme Court ratified this with sentence 1922/18, filed January 25. The conduct alleged against the woman and which cost her the withdrawal related to the failure to send the employer permission to take leave for serious family reasons, namely assistance to the daughter struggling with heavy postpartum depression. According to the Court of Cassation, the conviction regarding the existence of the just cause of dismissal attributes exclusive importance to the non-observance of the forms envisaged for obtaining permission to use leave, regardless of the consideration of the effectiveness and urgency of the reasons for the absence (which certainly can not be exhausted in the relief about the ordinariness of the delivery event, when instead the need invoked was given by the assistance to the daughter affected by a severe postpartum depression). On the contrary, this serious family motive affects the evaluation of the “objective consistency and the subjective qualification of the wrongful conduct”.