DLP Insights

Dismissal, operational sanction prior to the 5 days (Court of Cassation, Labour Division, Judgment No. 21296 of 6 October 2009)

18 Jan 2010

The Court of Cassation has specified that the term of five days as from notification of the charge – whereby prior to expiry thereof it shall not be possible to inflict the relevant disciplinary sanction – solely depends on the need to protect the accused; failing any documental data, it needs be excluded that the provision was also inspired in the intention to allow the employer to effectively consider the measure to be taken and a possible change of mind. The disciplinary measure may be lawfully inflicted prior to expiry of the term provided that the worker has fully exercised his/her right of defence by providing the employer with the respective justifications, without showing any express reservation of further documentary evidence or defensive grounds.

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 ....