Court of Milan: disciplinary dismissal and the requirements of the national collective contract

With its ruling no. 6150 of 13 July 2015, the Court of Milan clarified that if the relative contract contains a penalty preserving employment for the fact claimed against an employee, dismissal of such employee is considered illegal, with his consequent right to be reinstated in his job (in addition to payment for damages). However, this is a ruling which is only applicable to those hired before 7 March 2015, the date the “contract with increased protection based on seniority” became effective. This is based on the fact that for the latter cases the real protection will be applied only if no grounds for the claimed fact are directly proven in court.