Categories: Insights, Case Law


25 Sep 2018

Termination of the probation period: cases of lawfulness

With its judgement No. 273 filed on 21 September 2018, the Brescia Court of Appeal has ruled on a few aspects of the probation period. In the case at hand, a woman worker had filed a petition to the court of first instance seeking annulment of the dismissal enforced for failure to pass the probation period. The judge dealing with the case rejected the allegation of nullity of the probation period due to the undefined nature of the duties assigned, considering that, for the purpose of their identification, the indication in the letter of engagement, mentioning the professional category and the specific duties she would perform, namely, the “Commodity manager” role (corresponding to the professional figure of procurement specialist) was sufficient. Indeed, this was expressly indicated below the professional category and well-known to the worker, as she had previously performed this role. Moreover, regarding the alleged inadequacy of the length of the probation period, which ended before full lapse of the agreed six months, the judge remarked that the employee had worked for 2/3 of the agreed probation period, and that this length of time was certainly not short, as it was enough to allow the employer to assess her suitability to hold the role required, in addition to the job done. The judge also rejected the woman’s complaint regarding an alleged discrimination due to her pregnancy condition, remarking that she had not provided sufficient evidence. Instead – in the opinion of the judge – in the course of the proceedings it had emerged that the effort made by her was below expectations and that she had been too reluctant to collaborate with her colleagues and to share the information related to her activity. The woman therefore filed an appeal. The Court of Appeal, called to rule on the matter, upheld the decision of the judge of first instance and remarked that the reference per relationem to the national collective bargaining agreement and the fact that the employee had already performed some specific duties with her previous employer certainly were sufficient to deem the challenged probation period valid. As a matter of fact, on this point, the Court of Appeal stated that: “the petitioner herself proved to have good knowledge of such latter role (editor’s note: the role assigned) and related duties, given that in her CV prior to hiring, English version, she had defined herself, in regard to the position held with her former employer, as a “commodity manager.” According to the Court of Appeal, another factor able to prove the perfect knowledge of the duties that the petitioner was supposed to perform consisted in the fact that she had indicated on an online portal, after hiring, a detailed list of her duties. As a result, the judgement at hand rejected in full the appeal filed by the worker, having established the non-existence of the grounds for nullity of the probation period alleged by the petitioner.

 

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…