Dismissal of an employee who refuses to carry out lower rank tasks, even if he/she is present at the workplace

The Court of Cassation, with judgement no. 1912 dated 25 January 2017, confirmed the decision of the Judges of the Court of Rome, declaring lawful the dismissal for just cause ordered for an employee who, having been assigned to lower rank duties, repeatedly refused to perform the new tasks at the workplace, assuming a contemptuous and threatening approach towards top management. In fact, according to the Court of Cassation, the unlawful behaviour of the employer consisting in assigning to the employee lower rank duties with respect to his/her status may justify refusal of work performance provided that “this reaction be characterized by a positive attitude, resulting proportionate and in line with the principle of good faith“. However, such an assessment, according to the Court, is unnecessary if the employee (such as in this case) did not limit himself/herself to refuse to perform the task requested but took on an “autonomous and unlawful” conduct such as occupying company spaces or using libellous and insulting remarks against the employer or his/her hierarchical superior. However, a “demoted” employee who goes to work waives the non-fulfilment exception against the employer and, therefore, cannot refuse to perform with due diligence, fairness and good faith the work requested.