FALSE TESTIMONY: DISMISSAL IS LAWFUL WHERE TRUST HAS BEEN IRREPARABLY UNDERMINED
In Order No. 25687 of 22 September 2026, the Court of Cassation clarified that statements made during witness deposition are not, in themselves, exempt from possible disciplinary assessment.
The case concerned an employee who was dismissed after giving testimony in civil proceedings brought by her sister against the company, which the employer considered to be untrue and damaging to its reputation, as they were intended to attribute conduct to the employer that was not in compliance with health and safety at work regulations.
Both the first-instance court and the Court of Appeal declared the dismissal invalid, considering it irrelevant to ascertain whether the statements were true. According to the judges, since the testimony had been given in the context of judicial proceedings and in fulfilment of a statutory duty, it could not have compromised the relationship of trust.
The Court of Cassation, however, held that where statements are knowingly or intentionally untrue and attribute to the employer facts capable of damaging their reputation or image, they may give rise to disciplinary action and, in the most serious cases, affect the relationship of trust.
