Dismissal of employee for refusal to participate in training is fair (Newsletter Norme & Tributi no. 170 Camera di Commercio Italo-Germanica – Vittorio De Luca, Luca Cairoli)

By order No. 12241 of 9th May, the Labour Division of the Court of Cassation decided on the validity of disciplinary termination of an employee of an IT company who had refused to further study certain operating systems and to update the programmes used by a client. In the case at hand, the judge of the merits had found that the worker had refused to take the training as directed by his immediate supervisor, although the participation in the professional development courses would not have caused him to bear any expenses, use leave days or sacrifice his free time. The passivity and non-cooperation of the employee was also ascertained, in that he had refused to update operating systems at a client’s premises. On these grounds, the Court of Cassation held that the company had lawfully communicated the disciplinary dismissal with prior notice; in the Court’s view, the worker’s behaviour amounted to serious insubordination, as it was in clear contrast with the duty of diligence, to be understood, in the case at hand, as also referred to the professional development required for employee profitability.