Categories: Insights, Case Law


29 Jun 2016

Lawful dismissal for cause in the case of behaviours that, as a whole, are considered to imply a certain degree of seriousness

The Labour Division of Milan Court, declared that the dismissal for cause by one of our Client Company of a foundry worker is lawful (i) given that the worker challenged the instructions of the shift supervisor and plant manager, using offensive language; (ii) from a different and separate point of view, because it was later ascertained that the worker had come to work under the influence of drugs; (iii) and because the same, with his behaviour, had jeopardized his own safety and that of his colleagues, to the point of requiring the intervention, during the night, of the plant manager and, later, the police; (iv) because the above worker denied the charges made against him both during the justification and appeal stages of the dismissal procedure. In the case in question, the Presiding Judge pointed out that the behaviours of the worker, if considered individually, would not constitute cause for dismissal. The same Judge however considered that the simultaneous behaviours of the worker as a whole must be judged in a different manner, and accordingly ruled that "the behaviours (…), considered as a whole,imply a level of seriousnesswhich is certainly not secondary, above all given the particular dangerousness of the workplace and processing carried out therein, that justifies the dismissal of the defendant".

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

3 Aug 2026

Pay Transparency: the first requests from employees are starting to arrive (Il Sole 24 Ore, 3 august 2026 – Vittorio De Luca)

Two months after the decree. Since Legislative Decree 96/2026 came into force on 7 June, according to a flash survey conducted by GIDP, 8% of HR directors have…

30 Jul 2026

Corporate controls and data protection: what balance?

A recent judgment of the Court of Pisa, No. 800 of 13 June 2026, addresses a topic of particular interest for companies: the delicate balance between the protection…

30 Jul 2026

Unfair dismissal and reinstatement: the employee must repay the payment in lieu of notice

With order no. 22187 of 28 June 2026, the Italian Supreme Court addressed the issue of whether payment in lieu of notice paid to an employee must be…

30 Jul 2026

Did you know that… an employee’s natural incapacity does not prevent the time limit for challenging a dismissal from running?

In judgment no. 23486 of 18 July 2026, the Joint Chambers of the Italian Supreme Court (i.e. “Corte di Cassazione”) held that the natural incapacity of an employee…

22 Jul 2026

An employee may not steer clients toward a competitor before resigning (Camera di Commercio Francese in Italia, 22 July 2026 – Vittorio De Luca, Silvia Zulato)

With Order No. 1723 of 26 May 2026, the Italian Supreme Court (Corte di Cassazione) confirmed the liability of an employee who, prior to the termination of his…

20 Jul 2026

Access to Naspi (Top24 Lavoro Ai – Il Sole 24 Ore, 20 July 2026 – Vittorio De Luca e Alessandra Zilla)

Regulatory Framework  The New Social Insurance for Employment (NASpI), introduced by Legislative Decree No. 22 of 4 March 2015, is the primary income support scheme for employees who…