The Italian Court of Cassation confirms the dismissal of an employee who provided false information in reports on work activities
The Italian Court of Cassation, in the recent sentence no. 26765 dated 15 October 2024, rejected the appeal of a pharmaceutical sales representative who had been dismissed after being caught by his employer lying about the visits made to certain medical doctors as reported in his monthly report.
The Case at issue
The case originates from an appeal filed by a pharmaceutical representative against the dismissal for just cause imposed by his employer. The employee was terminated with immediate effect, pursuant to Article 2119 of the Italian Civil Code, for falsifying the monthly report regarding visits made to medical doctors, reporting a significantly higher number of visits than those actually conducted.
The pharmaceutical company had hired a private investigator to verify the accuracy of the information provided by the employee; the investigations conducted confirmed that the employee had lied, reporting activities that were not actually carried out. Specifically, the investigations revealed that, for three consecutive days, the representative had visited far fewer medical doctors than indicated in the monthly report submitted to the employer and had falsely claimed to have visited locations he had not actually been to. Even the visit times reported by the employee were found to be false, as it was established that during those times, he was engaged in personal and recreational activities.
The judgment of the first instance Court and the Court of Appeal
Both the Court of First Instance and the Court of Appeal of Catanzaro upheld the dismissal, deeming the trust relationship between the employee and the company to be irreparably damaged. In particular, the judges considered the employee’s conduct “serious,” especially given that the monthly report submitted by the employee was the employer’s only means to monitor his activities as a pharmaceutical representative, as he enjoyed considerable freedom of movement and self-organization.
Moreover, it was noted that such documentation was also necessary for the company to fulfill its communication obligations to the Italian regulatory authority, AIFA. Consequently, had also found itself, unintentionally, reporting incorrect data to AIFA on the number of medical doctors visited and the average number of interviews conducted by its representatives.
The Employee’s Appeal and the Statement of the Court of Cassation
The employee, considering the dismissal disproportionate, appealed the Court of Appeal’s judgment, arguing that his conduct could not justify the dismissal, as it was, at most, a mere “alteration of a timesheet or badge” which, under the NBCA for the Chemical Pharmaceutical sector, would warrant only a disciplinary sanction.
However, the Court of Cassation upheld the Court of Appeal’s decision, asserting that the employee’s conduct did not amount to a mere badge alteration but rather a more serious falsification of an information report on actual work activity performed at specific doctors’ offices and locations, punishable by immediate dismissal under the NBCA.
In conclusion, the Court rejected the employee’s appeal and ordered him to pay the legal costs.
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…
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…
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…
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…
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…
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…