Categories: Insights, Publications · News, Publications

Tag: Corte di Cassazione, Dismissal, Licenziamento


29 Jan 2025

The dismissal for economic reasons may be ‘directly or indirectly discriminatory’

In its decision of January 9, 2025, no. 460, the Italian Supreme Court ruled on the dismissal of a disabled executive for economic reasons, stating that the discriminatory nature of the dismissal is not excluded by the presence of another valid reason, such as the elimination of the position due to company restructuring. 

The case and the first-instance decision

An executive, dismissed due to company restructuring and the elimination of her position, challenged the dismissal, claiming that the termination was discriminatory on the grounds of health and disability.

In the first instance and appellate proceedings, the judges confirmed the existence of an organizational reason for the dismissal, rejecting the executive’s appeal.

In particular, with regard to the alleged discriminatory dismissal on the grounds of health and disability, the Court of Appeal had deemed the appellant’s complaints to be unfounded.

The Supreme Court’s decision

Against the judgment of the Court of Appeal, the executive filed an appeal with the Italian Supreme Court.

In upholding the employee’s appeal, the Italian Supreme Court ruled that the Court of Appeal had wrongly stated that the dismissal could not be discriminatory due to the strong element of the reorganization reason established in the judgment, thus contradicting the “established case law, which instead shows that a dismissal can be, directly or indirectly, discriminatory even when a legitimate reason, such as an economic reason, is present”.

With regard to the burden of proof, the Italian Supreme Court also found that the Court of Appeal had violated the standard of proof established by the legal system by shifting the entire burden of proof and pleadingto the employee, on the grounds that she had failed to provide the necessary elements to prove the discrimination.

On this point, the Italian Supreme Court clarified that “when the claimant provides factual elements, including statistical data, from which the existence of discriminatory acts, agreements, or behaviors can be presumed, the burden of proof lies with the defendant to demonstrate the non-existence of discrimination”.

For the above reasons, the Italian Supreme Court, upholding the employee’s appeal, overturned the contested judgment and referred the case back to the Court of Appeal of Rome, «which, in a different composition, will carry out a new examination, applying what has been established with regard to the discriminatory dismissal and its nullity».   

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 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…