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Court of Cassation, 9 July 2015, no. 14310: disciplinary dismissal for poor performance

With ruling no. 14310/2015, the Court of Cassation declared disciplinary dismissal for poor performance legitimate for an employee dismissed by a telephone service provider. The employee in question had reached income levels between October 2008 and March 2009 lower than the individual performance he had achieved in a previous period and that of his colleagues. According to the Cassation Court the worker, even if not bound by an obligation to reach certain results, must however make his effort available to the employer and perform his job with diligence and correct professionalism. Ruling thus, the Court of Cassation based this type of dismissal within the framework of termination due to breach as per article 1453 et seqq. of the Italian Civil Code when the same is the effect of a breach of contractual obligations.