Categories: Insights, Case Law


1 Jan 2017

The dismissal of a production manager who verbally assaulted a colleague during a trade union meeting is legal

With its judgement no. 24030 dated 24 November 2016, the Court of Cassation pronounced itself on the subject of dismissal for cause, by quashing with remand a judgement of the Court of Appeal who held jurisdiction. In the case in question, in confirming the first instance ruling, the Court of Appeal declared that the dismissal for cause of a production manager who had verbally assaulted a colleague during a trade union meeting and behaved in an extortive manner against the brother of the latter, was invalid. The reason given was that the first charge did not fall under those typified by the National Collective Labour Agreement for the industry, because there was no “serious disturbance to the life of the company”, while the evidence submitted for the second charge was insufficient. Moreover, the trial judges considered the disciplinary precedents indicated in the letter of charges (two written warnings and one day of suspension” as “minor violations” . By accepting the appeal filed by the employer, the Court of Cassation pointed out that in evaluating the gravity of the charges against the worker, the following should be taken into account (i) the nature and utility of the individual relationship , (ii) the position of the parties , (iii) the level of reliance required by the specific duties of the employee, (iv) the damages caused, if any and(v) the subjective extent of the facts. Moreover, according to the Court, it is also necessary to take into account the “negative environmental value” that the employee’s conduct may have if, because of the professional position held by the latter, he or she may have a negative influence on other employees. The Court of Cassation thus once again defined the criteria according to which a conduct may justify dismissal for cause.

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…