Categories: Insights


26 May 2016

Court of Cassation: dismissal and the evidence of the grounds

By way of judgment No. 7558 of 15 April 2016 the Court of Cassation has set forth an important principle on the distribution of the burden of proof on dismissals. The matter flows from a judgment of the Court of Appeal of Milan which, by partially reversing the first instance decision, has declared the dismissal for cause inflicted on a ballet dancer from La Scala unlawful, who had made declarations to an English newspaper and to national newspapers on the ballet dancers’ state of physical and psychological prejudice and on the fact that their career development was subject to non-professional factors. The theatre brought an appeal before the Court of Cassation against such judgment holding that, should the employer prove what falls within the respective scope of control – and, namely, in the case at issue, the fact of giving an interview with declarations detrimental to the employer – the worker must prove the contrary. In rejecting the appeal, the Court of Cassation has clarified that when the employer expedites the dismissal of an employee for having given any such declarations, the employer must prove both the extrinsic fact of the declarations, as shown in the newspapers, and its actual conformity to the words actually said by the employee, such as to prove that the content deemed defamatory may be traced back to the latter.

Subscribe to our newsletter

Contact

Need information? Write to us and our team of experts will respond as soon as possible.

Fill in the form

More news and insights

6 Feb 2026

Pay equity and transparency: draft implementing decree presented

Italy is among the first Member States to have adopted the draft implementing legislative decree of EU Directive 2023/970, which yesterday received its initial approval from the Council…

30 Jan 2026

A conviction for stalking can justify dismissal for just cause

With Ordinance No. 32952 of 17 December 2025, the Italian Supreme Court, Labour Section, ruled that a final conviction for stalking and abuse can justify dismissal for just…

30 Jan 2026

We continue to be a Great Place to Work!

For the third consecutive year, De Luca & Partners has been awarded the prestigious Great Place to Work® certification, a significant recognition of the value we place on…

29 Jan 2026

Italian Supreme Court: Employer Monitoring and the Use of Corporate Chats for Disciplinary Purposes

Corporate chats “intended for work-related communications by employees accessing them through company accounts constitute work tools, pursuant to Article 4, paragraph 2, of Law No. 300 of 1970,…

28 Jan 2026

Anti-union conduct: the Supreme Court moves beyond formalism and focuses on substance

With order no. 789 of 14 January 2026, the Italian Supreme Court addressed the issue of anti-union conduct by employers in relation to information and consultation obligations on…

27 Jan 2026

DID YOU KNOW THAT… the use of artificial intelligence may justify a dismissal for objective justified reason?

With Judgment No. 9135 of November 19, 2025, the Labour Section of the Court of Rome held that the dismissal for objective justified reason (i.e. “giustificato motivo oggettivo”,…