Dismissal, operational sanction prior to the 5 days (Court of Cassation, Labour Division, Judgment No. 21296 of 6 October 2009)
The Court of Cassation has specified that the term of five days as from notification of the charge - whereby prior to expiry thereof it shall not be possible to inflict the relevant disciplinary sanction - solely depends on the need to protect the accused; failing any documental data, it needs be excluded that the provision was also inspired in the intention to allow the employer to effectively consider the measure to be taken and a possible change of mind.
