Categories: Insights, Publications · News, Publications

Tag: Corte di Cassazione, Dismissal, Licenziamento


2 Oct 2025

Dismissal is legitimate when parental leave is used for purposes unrelated to the care of the child (Camera di Commercio Italo-Francese – Vittorio De Luca, Silvia Zulato)

By order no. 24922 of 9 September 2025, the Italian Court of Cassation once again addressed the sensitive issue of the abuse of parental leave, as provided for by Article 32 of Legislative Decree no. 151/2001, confirming the legitimacy of dismissal for just cause imposed on an employee who had used such leave for purposes other than caring for his child.

The case originated from the disciplinary dismissal imposed by a company on one of its employees for having abused parental leave. The Court of Appeal of Reggio Calabria (second instance), overturning the first instance decision, upheld the lawfulness of the employer’s termination, having found that the employee, during the period of absence from work, had engaged in work activities at the seaside resort managed by his wife, thereby neglecting the direct care of his children and, in particular, of the child under three years of age. Such conduct, according to the Court of Appeal, distorted the very purpose of the measure, even making it necessary to resort to external assistance to compensate for his absence, in clear contrast with the aim of parental leave, which is to foster the parent–child relationship.

The employee had argued that abuse of rights could only be established in the event of continuous and predominant activity, whereas his presence at the seaside resort for work purposes had been sporadic and of short duration. The Court of Cassation once again rejected this argument, clarifying that even an occasional use of parental leave for purposes unrelated to child care constitutes an abuse of rights.

The Supreme Court further stressed that parental leave must comply with the principles of fairness and contractual good faith. Improper use of the measure causes harm both to the employer, who is unjustly deprived of the employee’s performance, and to the social security institution, which pays an allowance disconnected from its intended purpose.

In conclusion, the order confirms a principle already well-established in Italian case law: when the causal link between absence from work and the care of the child is lacking, parental leave is improperly used. Such abuse irreversibly undermines the fiduciary relationship with the employer and may justify dismissal for just cause.

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

1 Oct 2026

Corporate e-mail and defensive monitoring: when the GDPR and employment law lead to different outcomes 

The Piaggio case clearly illustrates how the same set of facts can give rise to profoundly different assessments depending on the perspective adopted. In its decision of 13…

1 Oct 2026

NASpI and Reinstatement: the Employee’s Election Causes Loss of the Benefit 

Headnote   In its recent judgment No. 24981 of 3 September 2026, the Italian Supreme Court held that, where a dismissal is set aside with an order of reinstatement…

1 Oct 2026

Did you know that… testimony given in court may have disciplinary relevance and, in the most serious cases, justify dismissal? 

The Italian Supreme Court, Labour Section, by order no. 25687 of 22 September 2026, addressed the issue of the disciplinary relevance of statements made by an employee in…

29 Sep 2026

Shadow AI in the workplace: how to govern risks, data, and security (Agenda digitale, 29 September 2026 – Vittorio De Luca and Martina De Angeli)

The spread of artificial intelligence tools used without corporate authorization exposes businesses to risks involving personal data, confidential information, know-how, and cybersecurity. To govern Shadow AI, organizations need…

24 Sep 2026

The concept of “territorial scope” in a non-compete agreement (Top24 Lavoro Ai – Il Sole 24 Ore, 24 September 2026 – Vittorio De Luca and Alessandro Ferrari)

Interpretative issues in light of the most recent case law on the nullity of non-compete agreements due to the indeterminacy of territorial scope By an order issued on…

16 Sep 2026

Did you know that… repeated violations of company procedures may justify the dismissal of a store manager?

The Italian Supreme Court (Labour Section), in Order No. 25231 of 11 September 2026, upheld the lawfulness of the dismissal for just cause of a store manager who…