Tag:
Corte di Cassazione, Dismissal, Licenziamento
11 Jul 2025
The dismissal notice is valid even if the employee is not informed by their cohabitants (Newsletter Italian-French Chamber of Commerce – Vittorio De Luca, Silvia Zulato)
With Ordinance No. 15987 of 2025, the Italian Court of Cassation established that a dismissal notice is presumed to be known by the recipient at the moment it is delivered to their residential address, even if the employee is not actually informed.
The case at hand concerns a dismissal imposed due to absolute and permanent unfitness for work, communicated to the employee by registered letter sent to their residential address. Specifically, the dismissal letter, properly delivered, was collected by the employee’s mother, who lived with him, and who decided not to hand it over to her son in order to protect him from potential psychological repercussions that the news of the dismissal might cause. Consequently, the employee challenged the dismissal after the statutory deadline of 60 days from receipt of the communication, invoking as justification for the late challenge the lack of knowledge of the dismissal.
However, both the Court of First Instance and the Court of Appeal of Bologna (second-instance judgment) declared the appeal inadmissible, due to the expiration of the challenge period, considering the communication received at the employee’s address to be fully valid. They relied on a legal presumption of knowledge, based on the substantial legal equivalence between “knowledge” and “knowability” in relation to the delivery of an act to the recipient’s domicile.
The Court of Cassation subsequently confirmed this interpretation, reaffirming that, under Italian law, there is a legal presumption of knowledge of acts: an act is deemed to be known when it reaches the recipient’s address. This presumption can only be rebutted in the presence of objective obstacles beyond the employee’s control, such as natural disasters, serious postal disruptions, or prolonged absences due to force majeure, but not by subjective factors attributable to the recipient.
In conclusion, the ruling reiterates that, under Italian law, the deadlines to contest a dismissal are strict and start from the moment the communication reaches the employee’s address, even in cases where subjective factors prevent the employee from becoming aware of the disciplinary measure imposed on them.
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…
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…
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…
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…
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…