Categories: Insights


25 Jul 2016

Court of Cassation: prolonged absence from the new job location does not justify dismissal

The Court of Cassation with judgement No. 13455, filed on 30 June 2016, said the dismissal for prolonged absence imposed on a working mother for failing to comply with her employer’s order to resume service at a business unit located in a different municipality from the one where the woman worked at the time of her pregnancy, is illegitimate. This is because, based on Art. 56 of Legislative Decree. No. 151/2001, the working mother, after her maternity leave, has the right to return to service in the same business unit of origin or another business unit within the same municipality, unless she expressly waives this right. Legislative Decree No. 151/2001, according to the Court, involves a complex set of guarantees and rights – aimed at ensuring the essential family function of the woman (now of parenting) as well as complying with the maternity safeguards – which “has effects in relation to the implementation of this relationship, requiring and legitimizing, in the same way as the standards of fairness and good faith, all those behaviours that may contribute together in their implementation”. Basically in serving a notice of dismissal to a working mother, one cannot disregard the special guarantees laid down by Legislative No. Decree 151/2001 on the safeguards for motherhood.

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”,…