The dismissal of the employee who spat in her colleague’s face was excessive
The action stems from the employee’s refusal to accept the termination of the employment relationship between the two parties
Key points
- The decision
The dismissal is disproportionate for just cause of an employee who, during an argument, spits in the face of a colleague with whom she had a romantic relationship. This was the ruling of the Court of Cassation in Order 19848/2026, which upheld the decision of the Court of Appeal.
The story
A female employee, whilst in the company car park, insulted her ex-colleague and ‘repeatedly spat in his face’. In light of this incident, the employer dismissed her for just cause, considering that her behaviour had irreparably compromised the relationship of trust between the company and the employee. As the Court of Cassation explains, dismissal for just cause may be lawfully carried out when the employee’s conduct undermines confidence in future performance or suggests that continuing the employment relationship would be detrimental to the company’s objectives. However, the judge must assess what actually happened, taking into account both objective and subjective factors, including the employment relationship that had existed up to that point.
The assessment
The Court of Cassation notes that, in this specific case, there was no use of physical force, which would have been punishable by dismissal under the collective agreement applied within the company. Furthermore, the incident falls ‘within the context of the conclusion of a private matter characterised by previous persistent pressure from the colleague towards the employee in question; he...had in fact not accepted the end of the romantic relationship’ with his colleague and had adopted towards her a ‘persistent behaviour in which flattery alternated with insults’.
The decision
According to the judges, therefore, the Court of Appeal was right to view the employee’s conduct ‘in a strictly private context...and, above all, to the repeated (and unjustifiable) pressure exerted by the colleague in the face of the employee’s expressed wish” to consider the relationship over, “pressure which due to its intrusiveness and persistence does not, in turn, appear to be in line with respect for personal dignity, which is protected by the law”.
The Court of Cassation also dismissed as unfounded the ground of appeal in which the employer argued that threats, insults and assault had been directed at a colleague, thereby emphasising the workplace context. In fact, the appeal court judge did not ignore these aspects but, having ruled out the physical altercation, ‘attributed the dispute to a strictly private context influenced by the colleague’s attitude following the end of the romantic relationship’.
