Naples – The dismissal of the Circumvesuviana ticket collector at the Sorrento station was lawful. This was determined by the Naples Labor Court, which, with ruling no. 581/2026, dismissed the employee's appeal in its entirety, confirming the correctness of the disciplinary process initiated by EAV and the existence of just cause for dismissal.
The incident dates back to May 2024 and concerns the activity carried out at the automatic ticket machine at Sorrento station, one of the busiest hubs on the Vesuvian line, especially during peak tourist periods.
According to the findings, the employee in charge of managing the ASEM automatic ticket machines allegedly altered the operation of the machines to obtain blank tickets, which were subsequently tampered with.
Internal investigations uncovered a fraudulent scheme: the travel tickets were recorded in the accounts as AC1 tickets, worth €1,50, but were actually printed and sold as NA5 tickets, costing €4,60. The price difference, according to the prosecution, ended up outside the official collection channels.
Company checks
The judge considered the results of the inspections and the video surveillance footage crucial. The footage, cited in the ruling, shows the deliberate blocking of the ASEM printers' print heads and the subsequent manual operations on the tickets, as well as anomalous movements of cash in the ticket office.
The Court deemed these controls fully applicable, qualifying them as "defensive controls," activated in response to concrete suspicions of illegal activities and carried out in compliance with privacy legislation.
In his reasons, the labor judge emphasized that EAV had punctually complied with the procedures set forth in the company's disciplinary regulations, including the proper constitution of the Disciplinary Board, which was deemed a third-party body and free from any incompatibility issues.
The Operator's Manual was also cited, which imposes stringent rules on the use and maintenance of automatic ticket machines, as well as the obligation to promptly report any faults. According to the investigations, these requirements were not observed, with direct consequences for administrative and accounting control.
The employee's conduct was defined as "systematically fraudulent and geared toward personal gain," resulting in an irreversible undermining of the relationship of trust with the employer. Therefore, the dismissal for just cause was confirmed.
disciplinary, deemed necessary to protect the company's assets and customer trust.
Ruling no. 581/2026, with EAV represented by Professor Marcello D'Aponte, reinforces a key principle of labor law: defensive checks, if based on concrete suspicions and conducted in compliance with the rules, can constitute full evidence and even justify expulsion when the employee's conduct undermines the bond of trust underlying the employment relationship.
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Comments (1)
The ruling on the ticket collector's dismissal seems fair, but I wonder whether the evidence was sufficient. The issue of defensive checks is complex and must be carefully considered to avoid injustice.