Categories: Insights, Case Law

Tag: Licenziamento, Licenziamento per giustificato motivo oggettivo, Obbligo di repêchage


28 Apr 2021

There is no violation of the repêchage obligation if the employee does not want to transfer to another office

The Court of Cassation, in its ruling of 16 March 2021, no. 7360, established that where the employee dismissed for justified objective reasons had made themselves available for transfer only in certain areas, the employer must prove it is impossible to relocate them in those offices to avoid incurring in the repêchage obligation violation.

Facts of the case

An employee appealed against her dismissal for justified objective reasons following the closure of the local unit where she was employed as a store manager.

The relevant Court of Appeal, changed the first instance ruling, rejected the appeal presented by the employee, claiming the lack of violation of the repêchage obligation because she was only willing to be transferred only to one of the offices of the employer, located in Campania or lower Lazio.

The employee appealed against the court’s decision.

The Supreme Court of Cassation’s ruling

The Court of Cassation confirmed the ruling of the District Court and, taking up some of its established guidelines, stated preliminarily that: “in the matter of dismissal for a justified objective reason, it is up to the employer to allege and prove the impossibility of repêchage of the dismissed employee, as a requirement of the legitimacy of the employer’s termination. The  employee does not have to provide evidence of the assignable positions, as a gap between those burdens cannot be classified from a procedural point of view.” (see ruling no. 5592/2016; ruling  no. 12101/2016 and ruling no. 160/2017).

For the Court of Cassation, this burden is discharged by the employer when it proves that there is no possibility of relocating the employee dismissed in an office included within the area where they are willing to move. Although the employee does not have to provide any evidence, defining the spatial scope of interest in the judicial application, it allows the employer not to make claims about the possible relocation in offices located in different areas

On these grounds, the Supreme Court rejected the employee’s appeal, deeming that the respondent company had met its burden of proving that it did not have any vacancies in Campania and lower Lazio.

Other related insights:

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

8 Jul 2026

Pay transparency: one month after its entry into force, two approaches are emerging in the market (The Platform, 8 July 2026 – Vittorio De Luca, Claudia Cerbone e Martina De Angeli)

Since 7 June, EU rules aimed at strengthening the principle of equal pay between men and women for the same work or for work of equal value have…

2 Jul 2026

Did you know…? As of 7 June 2026, Legislative Decree No. 96/2026 is fully in force

As of 7 June 2026, Legislative Decree No. 96/2026 is fully in force. It also introduces into the Italian legal system a structured framework on pay transparency, with…

2 Jul 2026

Failure to serve disciplinary charges does not render the dismissal null and void: italian supreme court confirms no reinstatement remedy for employers below the statutory workforce threshold

Principle of Law In its recent judgment No. 17283 of 1 June 2026, the Italian Supreme Court (Corte di Cassazione) examined the legal consequences arising from the employer's…

2 Jul 2026

AI and the employment relationship: initial guidance from the implementing decrees and data protection implications

Following the preliminary approval by the Council of Ministers, on 10 June 2026, of the first draft legislative decrees implementing the enabling law on artificial intelligence (Law No.…

1 Jul 2026

Sustainability, Responsibility, and the Future: A Commitment That Grows with Time

As we celebrate our 50th anniversary, we have chosen to look to the future with the same care and dedication with which we preserve our roots. Those roots…

25 Jun 2026

Pay Equity and Pay Transparency: What Will Change in Italy (People are People, 25 June 2026 – Claudia Cerbone e Martina De Angeli)

With Legislative Decree No. 96 of 7 May 2026, which entered into force on 7 June 2026, Italy transposed Directive (EU) 2023/970 on pay transparency, becoming one of…