A worker, during a work meeting in the presence of several employees of the same company that was aimed at defining some business strategies and adopting new working methods, suddenly turned to the company administrator apostrophizing him with heavy insulting epithets, denigrating his abilities and approaching him threateningly just in response to the operational directions that were being outlined.

The company turned to the law firm, which, having analyzed the conduct, found that the case in question constituted serious insubordination, which is provided for in the collective bargaining agreement applicable to the employment relationship as grounds for summary dismissal.

Therefore, the procedure provided for in Article 7 of Law No. 300 of May 20, 1970 was activated with the sending of the letter of dispute.

The worker sent his written justifications invoking the existence of a special psychological and emotional state.

The worker's subjective state, however, if it does not incorporate the prerequisites of a diminished capacity, does not constitute an excuse, as the Court of Cassation has also had occasion to point out (ord. no. 6584/2023), and therefore the Company was able to conclude the proceedings with the dismissal for just cause, which the worker, in view of the procedural and substantive correctness, did not appeal.