Tag:
Corte di Cassazione, Dismissal, Licenziamento
12 Nov 2025
Dismissal is legitimate if employer monitoring complies with company policies drawn up in accordance with the law (Norme & Tributi Plus Diritto de Il Sole 24 Ore, 11 November 2025 – Martina De Angeli, Alesia Hima)
In judgment no. 28365 of 27 October 2025, the Court of Cassation, Labour Section, upheld the legitimacy of the disciplinary dismissal imposed on an employee for the unlawful use of company IT tools. The Supreme Court confirmed the full legitimacy of the employer’s monitoring, as it was carried out in compliance with company policies properly communicated to employees.
The case at hand
The case originated from the summary dismissal imposed in 2021 by the company on an employee responsible for commercial management activities.
The disciplinary measure was based on findings, following IT audits, of repeated unauthorized access to company systems and the transmission to external parties of a large number of files containing clients’ sensitive data.
The employee challenged the dismissal, disputing the legitimacy of the monitoring and claiming that the company laptop subject to the checks was his personal property at the time the data were extracted, and that the inspection activities were in violation of privacy laws and Article 4 of the Workers’ Statute.
The Court of Appeal of Campobasso rejected the appeal, considering the dismissal fully legitimate. The company had demonstrated that the computer was still company property at the time of the checks and that the monitoring had been carried out in compliance with the internal policy, previously communicated to employees, which clearly outlined the purposes, methods, and limits of IT monitoring, as well as the possibility of using the collected data for disciplinary purposes in case of violations.
The Italian Data Protection Authority (i.e. “Garante per la protezione dei dati personali”) has once again provided guidance on how employers should manage corporate email accounts after the…
With order no. 4077 of 23 February 2026, the Italian Supreme Court addressed the issue of oral dismissal, holding that an employee challenging the termination of the employment…
The Italian Supreme Court, with order no. 4198 of 25 February 2026, held that an employee’s transfer may be lawfully implemented also in the presence of a situation…
In the organizational language of companies, terms such as “breaks,” “waiting times,” or “downtime” are often used. In operational practice, these expressions tend to be treated almost as…
Claudia Cerbone and Martina De Angeli, professionals at the De Luca & Partners firm, author this article dedicated to the draft legislative decree approved last February 5 by…
With judgment no. 4493 of December 19, 2025, the Court of Milan addressed the issue of indefinite-term labor supply (so-called staff leasing). In particular, the Court clarified that,…