Categories: Insights, Do you know that, Publications · News, Publications

Tag: Dismissal, Phishing


26 Feb 2026

Did you know that… an employee who executes a bank transfer following a phishing email may be dismissed and ordered to compensate the employer for the loss?

With order no. 43873 of 13 February 2026, the Italian Supreme Court – Labor Division – held that the dismissal for just cause of an employee working in the accounting department was lawful where she had authorized a bank transfer in favour of third parties on the basis of an email communication that later proved to be fraudulent, also confirming the legitimacy of the employer’s claim for restitution of the amount unduly paid.

In the case at hand, the employee executed a payment in favour of a foreign company following an email apparently sent by the chair of the board of directors. The request subsequently proved to be part of a cyber fraud scheme, as it originated from third parties who had unlawfully used the identity of the company’s chair.

The evidentiary findings showed that the employee had carried out no verification as to the origin of the communication or the consistency of the request with the company’s internal procedures. In particular, the email displayed clear anomalies: the absence of the information necessary to execute an international transfer, the indication of a generic payment reference, and the lack of supporting accounting documentation, all in breach of the operational rules in force within the company.

It also emerged that the employee had been warned, before the final execution of the payment, that the request was not authentic, yet she failed to take steps to block the transaction.

The Court of Appeal found that the conduct amounted to a serious breach of the duties of diligence and fairness, noting that the employee had been permanently assigned to administrative and accounting duties, thus requiring a particularly high level of care in handling payment operations. The second-instance judges further established that there was no company practice capable of justifying the execution of transfers based solely on an email request, in the absence of the checks and authorisations required by internal procedures.

In dismissing the appeal, the Supreme Court held that the merits assessment regarding the existence of just cause was free from defects, observing that the negligence ascertained did not amount to a mere clerical error but revealed a significant disregard for the employer’s interests, such as to undermine the relationship of trust.

The Court of Cassation also upheld the employee’s liability for damages, quantified in the amount of the transfer executed in favour of third parties, noting that such loss was a direct consequence of the employee’s negligent conduct.

In conclusion, the ruling highlights that, in the context of administrative and accounting duties, a high standard of diligence is required: failure to comply with internal procedures and omission to verify evident anomalies may constitute just cause for dismissal and give rise to liability for damages on the part of the employee.

Other related insights: 

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 aprile 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 marzo 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…

16 Mar 2026

Illegitimacy of staff leasing due to violation of the principle of temporariness (Top 24 Lavoro, 27 febbraio 2026 – Vittorio De Luca, Alessandra Zilla)

With judgment no. 4493 of December 19, 2025, the Court of Milan addressed the issue of indefinite-term labor supply (so-called staff leasing). In particular, the Court clarified that,…