The Italian Supreme Court (Labour Section), in Order No. 25231 of 11 September 2026, upheld the lawfulness of the dismissal for just cause of a store manager who had repeatedly failed to dispose of expired products in breach of company procedures. The Court held that the systematic violation of internal policies, particularly when committed by an employee in a position of responsibility, may constitute a serious breach of the duties of diligence and loyalty and lead to the irreparable breakdown of the relationship of trust.
The case concerned a supermarket manager with more than twenty-seven years of service who was dismissed after numerous expired products were found that had not been disposed of in accordance with the company’s procedures. In confirming the first-instance judgment, the Venice Court of Appeal found that there were sufficient grounds for dismissal for just cause in light of the seriousness of the conduct and the position held by the employee.
In particular, the lower courts found that, despite being responsible for the store, the employee had violated the company’s procedures regarding expiry-date checks and product disposal in a “repeated and systematic manner”, as evidenced by the large number of expired products discovered and the prolonged period during which those items had remained in storage without being properly managed.
The Court of Appeal also noted that some of the products had been removed from the shelves and set aside in the storage area without being disposed of, a circumstance deemed indicative of the employee’s full awareness of the situation. According to the judges, such conduct could not be attributed to mere oversight or occasional disorganization.
The Supreme Court found no fault with the reasoning of the Court of Appeal, which had relied on a number of factual elements: the employee’s role as store manager, her considerable length of service, her knowledge of the company’s procedures, the large quantity of expired products, and the prolonged failure to manage them properly. The Court observed that the lower courts’ assessment was not based on mere assumptions, but rather on “a number of established factual circumstances” capable of supporting the finding that the conduct was sufficiently serious.
The Supreme Court also endorsed the Court of Appeal’s finding that the conduct was contrary to the obligations set out in the applicable collective bargaining agreement, which requires employees to perform their duties “with the utmost diligence” and to cooperate in promoting the success of the business. According to the judges, the systematic breach of company procedures regarding the management of expired products was capable not only of facilitating the receipt of undue bonuses, but also of exposing the company to additional risks and adverse consequences.
Finally, the Court clarified that the seriousness of the conduct was sufficient to justify dismissal even in the absence of proof of intentional wrongdoing. According to the Supreme Court, “the systematic and prolonged violation of company procedures” by the store manager was, in itself, enough to irreparably undermine the relationship of trust between the parties.
In conclusion, the decision confirms that compliance with company procedures is of particular importance for employees who hold positions of responsibility. Repeated failure to comply with internal rules, especially when it continues over time and concerns activities that are essential to the proper management of the business, may constitute a serious breach of contractual obligations and justify dismissal for just cause.