With judgment no. 29341 of November 6, 2025, the Italian Supreme Court, Labor Division, confirmed the legitimacy of the disciplinary dismissal imposed on an employee who refused to report for work at her new place of assignment, reiterating that an employee’s refusal to perform their duties – even when the transfer is disputed. must comply with the principles of fairness and good faith set out in Article 1460, paragraph 2, of the Italian Civil Code.
In the case at hand, the employee, who had been transferred following the closure of her original workplace, was absent from work for several days, refusing to report to the new location and justifying her absence by claiming family difficulties and the alleged unlawfulness of the transfer. The company, deeming her conduct unjustified, imposed disciplinary dismissal.
The Court of Appeal of Rome, confirming the first-instance decision, considered the dismissal lawful. It found that the organizational needs underlying the transfer were documented and uncontested, as the employer no longer had any operational site in the employee’s previous city. The employee, although claiming that she was materially unable to relocate due to family issues, had never provided concrete details regarding such impediments.
The Italian Supreme Court, dismissing the employee’s appeal, reiterated that the unlawfulness of an employer’s decision does not automatically justify the employee’s refusal to perform their work duties, unless such refusal is necessary to avoid serious and immediate harm to the employee’s fundamental rights. Good faith must be assessed on a case-by-case basis, taking into account the seriousness of the employer’s breach, the employee’s personal and family circumstances, and the impact of the refusal on the company’s organization.
In this case, the Court upheld the assessment of the lower courts. A refusal is justifiable only when there is serious and immediate prejudice to the worker’s fundamental rights, to be evaluated according to the principles of proportionality and good faith.
In the absence of such conditions, as in the present case,the employee’s conduct constitutes a disciplinary breach and justifies dismissal.
