Categories: Insights, Case Law

Tag: Corte di Cassazione, illeciti, Licenziamento per giusta causa


24 Sep 2018

Ascertainment of breaches of discipline by private detectives

The Court of Cassation – with judgment no. 21621 filed on 4 September 2018, has ruled that a disciplinary dismissal for circumstances established by a private detective is not lawful if such dismissal is based on facts occurred within the context of the performance of the job duties and connected to the latter. In the case at hand, a worker had been responsible for tampering with the attendance sheet, in order to conceal his absence from work. On discovery of the worker’s conduct, by way of a private investigation agency, the company activated against him a disciplinary procedure, which ended with a dismissal for cause. The worker appealed against the measure and the court ruled that the company conduct was lawful. Called upon the issue, the Court of Cassation reversed the outcome of the litigation. Having examined the documentation of the case, the Court of Cassation ruled that any circumstance relating to the correct performance of job duties must be assessed by the employer or persons within the company organization. In any case, this does not preclude the possibility for a detective to be actually hired to establish the existence of conducts legitimising the disciplinary measures. However, according to the Court of Cassation, “the control carried out by security guards or investigation agencies cannot concern under any circumstance the fulfilment or non-fulfilment of the contractual obligation to perform one’s own duties” since the investigation “must be limited to the worker’s breaches that are not related to a mere fulfilment of the obligation.” In other words, the hiring of an investigation agency is justified in the case of wrongdoings and the need to establish their nature, even if there is suspicion or a mere supposition that the wrongdoings are being committed.

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 Apr 2026

Management of corporate email after termination of employment: the limits according to the Italian Data Protection Authority

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…

8 Apr 2026

Oral dismissal: the burden of proof on the employee

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…

8 Apr 2026

DID YOU KNOW THAT… incompatibility between colleagues may justify the transfer of an employee? 

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…

7 Apr 2026

The boundary between rest and inactivity in the management of working hours (AIDP – HR Online, 7 April 2026 – Vittorio De Luca, Alesia Hima)

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…

17 Mar 2026

Equal pay: green light for the decree on pay equality and wage transparency (People are People, 16 March 2026 – Claudia Cerbone, Martina De Angeli)

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…

10 Mar 2026

The transfer of the employee is lawful when there is incompatibility with the company environment (Camera di Commercio Italo-Francese, 10 March 2026 – Vittorio De Luca, Silvia Zulato)

With Order No. 4198 of 25 February 2026, the Italian Supreme Court (Court of Cassation) – Labour Section – reaffirmed that a situation of environmental incompatibility may justify…