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.
On the occasion of our webinar “An HR Coffee with De Luca Partners,” the speakers Silvia Zulato, Senior Associate, and Alessandro Riccardo Polli from the Labour Consulting Division…
With Order No. 7985 of 31 March 2026, the Italian Supreme Court – Labour Section – confirmed the lawfulness of a dismissal for just cause imposed on an…
Yesterday, during our first webinar “HR Coffee with De Luca & Partners", the speakers Vittorio De Luca, Managing Partner, and Alessandra Zilla, Managing Associate at De Luca &…
“An employee may access the messages in their corporate email account and the documents stored on their computer after the termination of employment. Any limitations must be justified by specific…
With order no. 10559 of 21 April 2026, the Italian Supreme Court addressed the issue of unemployment benefits (i.e. “NASpI”) in the context of resignations for just cause following…
The Court of Milan, with judgment no. 683 of 3 April 2026, reaffirmed that a probationary clause (i.e. “patto di prova”) is valid only if it contains a specific indication of the duties subject to…