Categories: Insights, Publications

Tag: Dismissal, Licenziamento, Licenziamento per giusta causa


18 Nov 2019

The dismissal of those who falsely attest to their presence is lawful (Il Quotidiano del Lavoro de Il Sole 24 Ore, 18 November 2019 – Vittorio De Luca, Antonella Iacobellis)

The Labour Court of Padua, by ruling dated 4 October 2019, established that dismissal for just cause of employees who falsely attest to their presence in the office is permitted – and, therefore, lawful -, even if said conduct is ascertained by the investigative agencies. The case on which the Court of First Instance was called upon to decide refers to an employee hired with development technician within the context of the process of opening new sales outlets. The employee benefited from a position with independent access located in Bologna, adjacent to one of the company’s sales outlets, but entirely independent of said company, separated by a wall. The employee was required to register his entry and exit times via a badge stamping system or, should he forget, by manually entering the times in a special printout provided by the company (a method considered supplementary and not alternative to the former). Having said this, an employee at the company’s security office went to carry out checks on the alarm system at the sales outlet in Bologna and, on that occasion, visited the office next to that of the employee, who, that day, was not on at the office. The employee at the Security Department warned the company, which initiated a series of checks of the employee’s attendance records, noting that the latter often recorded his attendance by entering his times manually in the printout. In this context, the company considered it appropriate to initiate a series of checks, via an investigative agency, on the activities carried out by the appellant. From the investigations, it emerged that, during working hours, albeit attesting otherwise on the attendance sheet, the employee often used to carry out personal matters instead of carrying out his activities for the company, this was also carried out for a long period of time, which was obviously duly paid. This conduct was subject to disciplinary proceedings which led to the employee being dismissed for just cause. Therefore, said employee, following the appeal of the dismissal, filed an appeal with the Court of Padua, which called upon the Honourable Court to ascertain and declare the nullity and/or voidability and/or ineffectiveness and/or illegitimacy of the dismissal ordered by the company given that it was without just cause and, in any case, related to conduct that is punishable by a conservative disciplinary measure. The company duly appeared in court, contesting all charges and also demanding that the appellant be ordered to pay the legal fees.

Click here to continue reading the note to the ruling.

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

12 Oct 2026

“AI tools, remote work and confidential data: employer liability in a borderless environment” – IBA Conference 2026

At the IBA Annual Conference 2026 in Copenhagen, our Managing Partner Vittorio De Luca moderated a panel on one of the most pressing challenges facing employers today: the…

1 Oct 2026

Corporate e-mail and defensive monitoring: when the GDPR and employment law lead to different outcomes 

The Piaggio case clearly illustrates how the same set of facts can give rise to profoundly different assessments depending on the perspective adopted. In its decision of 13…

1 Oct 2026

NASpI and Reinstatement: the Employee’s Election Causes Loss of the Benefit 

Headnote   In its recent judgment No. 24981 of 3 September 2026, the Italian Supreme Court held that, where a dismissal is set aside with an order of reinstatement…

1 Oct 2026

Did you know that… testimony given in court may have disciplinary relevance and, in the most serious cases, justify dismissal? 

The Italian Supreme Court, Labour Section, by order no. 25687 of 22 September 2026, addressed the issue of the disciplinary relevance of statements made by an employee in…

29 Sep 2026

Shadow AI in the workplace: how to govern risks, data, and security (Agenda digitale, 29 September 2026 – Vittorio De Luca and Martina De Angeli)

The spread of artificial intelligence tools used without corporate authorization exposes businesses to risks involving personal data, confidential information, know-how, and cybersecurity. To govern Shadow AI, organizations need…

24 Sep 2026

The concept of “territorial scope” in a non-compete agreement (Top24 Lavoro Ai – Il Sole 24 Ore, 24 September 2026 – Vittorio De Luca and Alessandro Ferrari)

Interpretative issues in light of the most recent case law on the nullity of non-compete agreements due to the indeterminacy of territorial scope By an order issued on…