DLP Insights

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

09 Jul 2015

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.

Italian Court of Cassation: second dismissal lawful pending judgment on the first

30 Jan 2024

In its very recent judgment no. 2274 of 23 January 2024, the Italian Court of Cassation ruled that it is lawful for an employer to give notice of a second dismissal pending a judgment concerning a previous dismissal based on different grounds. However, the second dismissal has no effect if the first dismissal is declared ....

Liability under Italian Legislative Decree no. 231/2001: obtaining minimal advantage does not exempt the employer

29 Dec 2023

With judgment no. 39129 of 26 September 2023, the Italian Court of Cassation, Third Criminal Division addressed the issue of corporate administrative liability under Italian Legislative Decree no. 231/2001, stating that “corporate administrative liability is not excluded in the light of the minimal advantage or the insignificance of the interest pursued.” The facts of the ....

Dismissal to reduce costs: what does the employer need to prove?

29 Dec 2023

With Order no. 31660 of 14 November 2023, the Italian Court of Cassation ruled that, when dismissal for justified objective reason (giustificato motivo oggettivo, ‘GMO’) is to reduce costs, the burden is on the employer to indicate the reasons why the particular worker has been chosen. The facts of the case The employee appealed the ....

Italian Court of Cassation: assessment of CCNL job descriptions essential for repêchage (obligation to relocate)

28 Nov 2023

By Order of 13 November 2023, no. 31561, the Italian Court of Cassation ruled that, to fully comply with the repêchage obligation (obligation to relocate), it is necessary to assess whether hires made following the termination for justified objective reasons are of the same level of classification as the dismissed employee. The facts of the ....