Categories: Insights, Publications


20 Jun 2017

Illicit use of the corporate phone legitimises dismissal for just cause (Il Sole 24 Ore – Il Quotidiano del Lavoro, 21 June 2017 – Vittorio De Luca, Elena Cannone)

The Labour section of the Court of Cassation, with judgement No. 4262 dated February 17, 2017, addressed the issue of the lawfulness of dismissal for just cause ordered to an employee holding a middle-management position for the personal use of a mobile phone owned by the employer and provided for business reasons. The Court of Cassation, believing appropriate the ruling of the judges on the matter, excluded the alleged breach of Article 4 of the Workers’ Statute claimed by the employee on the basis of the fact that the employer, in order to ascertain the unlawful conduct, did not use any audiovisual equipment or other equipment designed for remote control of the work activity, but based itself on the results emerged from telephone call logs. In fact, according to the Court, “it is entirely legitimate that the employer, in monitoring its activity, may detect anomalies in the use of assets provided to its employees, such as mobile phones, from which logs, related to voice or data traffic (provided in the invoice, moreover with appropriate omissions and redactions) may lead to detecting anomalies such as to induce the employer to believe that there may be abuses performed by the user of the devices”. The Court of Cassation, therefore, confirmed the full legitimacy of the dismissal ordered, considering the dismissal fully proportionate to the offence committed by the employee.

Read the original version of this article opublished on Il Sole 24 Ore and  Il Quotidiano del Lavoro.
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…