Tag:
Corte di Cassazione, Dismissal, Licenziamento
30 Oct 2024
Dismissal Upheld for Excessive Breaks During Work Hours (Norme & Tributi Plus Lavoro, Il Sole 24 Ore, October 29, 2024 – Roberta Padula, Alesia Hima)
With Order No. 27610 of October 24, 2024, the Italian Supreme Court ruled that a dismissal for cause was lawful in the case of an employee accused of repeatedly abusing work breaks by spending excessive time at a bar with colleagues.
The Case Overview
The legal proceedings originated from the dismissal of an employee for cause following repeated unexcused absences. An investigative agency documented three instances where the employee spent over 30 minutes engaging in conversations with colleagues near a bar during work breaks.
Initially, the Court of First Instance acknowledged the facts but deemed the dismissal disproportionate, awarding compensatory damages instead. However, the Court of Appeal in Catanzaro reversed this decision, affirming the dismissal’s legitimacy. The appellate court highlighted that the employee’s extended absences were not mere physiological necessities but constituted improper use of work time.
The court also emphasized the heightened severity of these breaches due to the employee’s senior role, which involved significant responsibilities and coordination of workers in a critical sector—waste collection. These actions, the court noted, could undermine public perception and trust in the service. Furthermore, it ruled that the behavior had potential criminal implications or could deceive the employer, harming both the company’s assets and its external reputation.
Supreme Court Findings
The Supreme Court upheld the employer’s right to protect its reputation, particularly in public-facing sectors like waste management, where public trust directly affects service effectiveness. It reaffirmed the importance of the company’s image as a key asset.
The court also clarified the limits of using private investigators, prohibiting indiscriminate monitoring of job performance. However, it acknowledged the employer’s right to engage investigators when there is suspicion or evidence of unlawful activities by an employee.
Finally, the court broadened the concept of “company assets” to include not only tangible assets but also the company’s external image.
Italy is among the first Member States to have adopted the draft implementing legislative decree of EU Directive 2023/970, which yesterday received its initial approval from the Council…
With Ordinance No. 32952 of 17 December 2025, the Italian Supreme Court, Labour Section, ruled that a final conviction for stalking and abuse can justify dismissal for just…
For the third consecutive year, De Luca & Partners has been awarded the prestigious Great Place to Work® certification, a significant recognition of the value we place on…
Corporate chats “intended for work-related communications by employees accessing them through company accounts constitute work tools, pursuant to Article 4, paragraph 2, of Law No. 300 of 1970,…
With order no. 789 of 14 January 2026, the Italian Supreme Court addressed the issue of anti-union conduct by employers in relation to information and consultation obligations on…
With Judgment No. 9135 of November 19, 2025, the Labour Section of the Court of Rome held that the dismissal for objective justified reason (i.e. “giustificato motivo oggettivo”,…