Categories: Insights, Case Law


29 Jan 2017

Dismissal on exceeding the maximum number of sickness absence days

The Court of Cassation, with judgment No. 284 dated 10 January 2017, intervened on the subject of dismissal on exceeding the maximum number of sickness absence days by primarily stating that the calculation must not consider the afternoons during which the worker is subjected to specific medical treatment, when the worker, on a part time basis, has duly performed his/her activities in the morning. In addition, the Court stated – thus following an almost consolidated trend – that this type of dismissal is equivalent to a dismissal for justified objective grounds and not to a disciplinary dismissal. Therefore, it does not need a detailed description of all the elements related to the reasons underlying it (listing of each day of absence, since the total number of absences in a given time period is sufficient). All this without prejudice to the burden by the employer to prove before the Court the facts underlying the dismissal measure. In the same judgment, the Court of Cassation also noted that sending to the employer an illness certificate that covers the workdays during the period when the employee is on holiday leads to a change in the title of absence with their consequent relevance for the calculation of the number of sickness absence days.

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

12 Oct 2026

“AI tools, remote work and confidential data: employer liability in a borderless environment” – IBA Conference 2026

At the IBA Annual Conference 2026 in Copenhagen, our Managing Partner Vittorio De Luca moderated a panel on one of the most pressing challenges facing employers today: the…

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…