Categories: Insights, Case Law

Tag: Licenziamento per giusta causa


8 Jan 2018

Dismissal for just cause of an employee who copies company data even if they are not password-protected is lawful

The Court of Cassation, in its judgement No. 25147 dated 24 October 2017, deemed lawful the dismissal for just cause ordered to an employee who downloaded company data (not password-protected) on a personal pen driver, without disclosing them to third parties. According to the Court, indeed the fact that the employee had not disclosed the data unlawfully stolen from the company servers, but only saved them on a pen drive, was not sufficient to determine the unlawfulness of the dismissing measure issued without notice on the basis of National Collective Bargaining Agreement (CCNL) of the sector. This, because that conduct still constituted a violation of the obligations of due diligence and loyalty referred to in Article 2105 of the Civil Code. The Court of Cassation, in the course of the argument as a basis of the decision, also pointed out that even the failure to protect company data with passwords would have not affected the lawfulness of the employer dismissal. This because the nature of the data, which was obviously confidential, remains such even if access to employees is free nor this can in any way legitimize the conduct of the employee. Basically, the employee must not perform activities contrary to the interests of the employer, meaning those that, although not currently causing damage, have the potential to do harm.

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

10 Mar 2026

The transfer of the employee is lawful when there is incompatibility with the company environment (Camera di Commercio Italo-Francese – Vittorio De Luca, Silvia Zulato)

With Order No. 4198 of 25 February 2026, the Italian Supreme Court (Court of Cassation) – Labour Section – reaffirmed that a situation of environmental incompatibility may justify…

3 Mar 2026

Employee monitoring: when “bossware” becomes a legal risk (Agenda Digitale, 2 marzo 2026 – Martina De Angeli)

Monitoring workers through digital tools is a rapidly expanding practice, accelerated by the spread of remote work and the digital transformation of companies. Before adopting these systems, however,…

3 Mar 2026

Melismelis signs the campaign for the 50th anniversary of De Luca & Partners

For the historic labor law firm, the agency developed the 50th-anniversary logo and advertising campaign, managed online and offline media planning, and renewed the website’s visual identity. Milan,…

27 Feb 2026

Dismissals: the Corte costituzionale grants broader discretion to judges and greater scope for reinstatement (I Focus del Sole 24 Ore, 26 febbraio 2026 – Vittorio De Luca e Alessandra Zilla)

The regulation of dismissals continues to represent one of the central pillars of Italian labour law, an area of constant tension between freedom of economic initiative and the…

27 Feb 2026

“Food delivery” once again at the center of inspection activities (Norme & Tributi Plus Diritto de Il Sole 24 Ore, 17 febbraio 2026 – Vittorio De Luca e Alessandro Ferrari)

It was recently reported that one of the leading food delivery operators in Italy has been placed under judicial supervision, ordered by an urgent decree of the Public…

26 Feb 2026

Vittorio De Luca at the Welfare & HR Summit 2026

On February 25, 2026, Vittorio De Luca took part in the sixth edition of the Welfare & HR Summit organized by Il Sole 24 Ore. In particular, our…