The use of the telepass device for disciplinary purposes requires the employer to preventively explain to the worker the functioning and methods of the controls
An employee was fired for disciplinary failures detected by the company through the comparison of data extrapolated from the printouts relating to the use of the telepass device installed in the company car.
The worker, contested the use of data in violation of the art. 4 of the
Statute, challenged the dismissal before the Court of Fermo, complaining that he had not been informed about the possible controls and the conservation of the data extrapolated from the exits of the motorway toll booths, also for disciplinary purposes.
The Court rejected the request with a sentence, however, which was reformed during the appeal by the local Court of Appeal of Ancona.
In the proceedings challenging the dismissal, the Court of Cassation with sentence no. 15391 of 3 June 2024, confirming the decision of the appeal declaring the illegitimacy of the withdrawal, held that the telepass was among the tools "used by the worker to provide the service" which do not require any authorization to be used for any purpose connected to the employment relationship
The Supreme Court, however, in agreeing with what was stated by the court of appeal, noted that disciplinary use required the employer to preventively fulfill the obligation to explain to the worker the functioning and methods of the controls
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