Categories: Insights, Publications · News, Publications

Tag: Dismissal, Licenziamento


29 Aug 2022

A dismissal is legitimate even if it does not punish similar conduct committed by colleagues (Norme & Tributi Plus Diritto of Il Sole 24 Ore, 29 August 2022 – Enrico De Luca, Raffaele Di Vuolo)

The court may recognise different solutions for identical cases

To exclude the proportionality of dismissal, it is not enough to argue that similar conduct committed by other employees has been sanctioned with conservative measures. The court may recognise different solutions for identical cases. 

This principle was upheld by the Court of Cassation in Order no. 22115/2022 of 13 July 2022, which confirmed the legitimacy of an employee’s dismissal for having caused an accident while driving his service vehicle. The accident was caused by the incorrect positioning of the front-mounted crane, which damaged a bridge located on a provincial road. 

In this case, the employer company considered the accident a serious breach of contract. In addition, the employee failed to fill in a compulsory parking disk and tachograph, which attests to the vehicle speed. The company terminated his employment without notice. 

The Bologna Court of Appeal confirmed the dismissal was legitimate and commensurate based on the conduct’s seriousness and severe damage of the bond of trust. 

The worker appealed to the Court of Cassation against this decision, claiming that the local court, when confirming the dismissal’s legitimacy, considered it irrelevant to compare the case to the treatment given by the company to other employees who committed similar conduct. The worker referred to previous case law where such” situations can remove the dismissal of its justificatory basis” (Court of Cassation ruling no. 14252/2015). 

Continue reading the full version published in Norme & Tributi Plus Diritto of Il Sole 24 Ore.

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

1 Sep 2026

Company files deleted from the PC: dismissal lawful even without proof of damage

The matter arises from the disciplinary dismissal of an employee performing general secretarial duties who, upon returning the company computer following a change in her duties, handed back…

1 Sep 2026

Overtime work: a summary schedule is not enough, employees must provide strict evidence of both the hours worked and the extent of the overtime performed

With order no. 20700 of 18 June 2026, the Italian Supreme Court once again addressed the issue of overtime work, reiterating that employees claiming overtime pay must strictly…

1 Sep 2026

Did you know that… an individual allowance that has remained unchanged for years may become non-absorbable?

In judgment no. 24475 of 5 August 2026, the Employment Section of the Italian Supreme Court confirmed that an individual allowance (i.e. “superminimo”), although normally subject to the…

3 Aug 2026

Pay Transparency: the first requests from employees are starting to arrive (Il Sole 24 Ore, 3 august 2026 – Vittorio De Luca)

Two months after the decree. Since Legislative Decree 96/2026 came into force on 7 June, according to a flash survey conducted by GIDP, 8% of HR directors have…

30 Jul 2026

Corporate controls and data protection: what balance?

A recent judgment of the Court of Pisa, No. 800 of 13 June 2026, addresses a topic of particular interest for companies: the delicate balance between the protection…

30 Jul 2026

Unfair dismissal and reinstatement: the employee must repay the payment in lieu of notice

With order no. 22187 of 28 June 2026, the Italian Supreme Court addressed the issue of whether payment in lieu of notice paid to an employee must be…