Categories: Insights, Publications


5 Mar 2019

Reinstatement of a job position after 7 months does not affect the lawfulness of a dismissal (Il Quotidiano del Lavoro de Il Sole 24 Ore, 6 March 2019 – Alberto De Luca, Gabriele Scafati)

By way of judgment No. 4672 filed on 18 February 2019, the Court of Cassation has once again ruled on the lawfulness of dismissal for elimination of a job position when such position is reinstated a few months after the employer’s termination of the employment relationship.

The case refers to an electronics engineer specialised in measurement systems who was employed as the Compliance manager of the Italian subsidiary of a Japanese multinational, in a “Middle Manager” role as the person in charge of “metrology”. More specifically, the employee was dismissed on justified objective grounds, having her job position been eliminated following the repeal of a provision governing the monitoring activities tasked to her, which were no longer required.

The employee promptly appealed the dismissal, objecting, inter alia, that the company had then reinstated the position just 7 months after the suppression. The trial court judgments both concluded with the rejection of the employee’s claims, holding that the actual elimination of the position and the time elapsed between the elimination and reinstatement of the position represented reasonable grounds to justify an organisational change within the company requiring the reinstatement of the previously eliminated position.

Brought before the Court of Cassation, the employee’s action failed to achieve a different outcome. In its ruling on the only plea of the appeal, whereby the employee claimed that the judges in charge had erred in their assessment of the allocation of the burden of proof and of the related satisfaction criteria (with particular regard to that allocated to the employer), the Court of Cassation found the appellant’s claims to be once again unfounded. On this point, it is interesting to note how emphasis has been placed on the time elapsing between the elimination and the reinstatement of the position previously held by the dismissed employee, with the Court confirming that no errors were made in rulings of the trial courts, which had deemed the time period of seven months to be reasonable (just as the Court of Cassation, in judgment No. 11413 of 11 May 2018, had deemed a period of 8 months to be reasonable) and therefore not capable of affecting or nullifying the validity of the dismissal…

 

Click here to continue reading the note to the judgment published in Il Quotidiano del Lavoro of Il Sole 24 Ore.

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…