Categories: Insights, Publications


10 May 2018

Valid, but not always: dismissal for offensive remarks against the employer on social networks (Il Quotidiano del Lavoro, 11 May 2018 – Alberto De Luca, Lucio Portaro)

The Court of Cassation, with judgement No. 10280/2018, handled once again a case of dismissal ordered due to disparaging statements against the employer and its representatives through Facebook. In the case in question, the judges of the court (Court of Forlì and Court of Appeal of Bologna) had already deemed legitimate the dismissal ordered to an employee for having expressed, via social networks, dislike for his job and the company property, using vulgar language. The Court highlighted that the bond of trust at the basis of the employment relationship had been irremediably damaged because, a subjective point of view, the plaintiff’s conduct showed a behaviour characterized by gross negligence and, from an objective point of view, the dissemination of a defamatory message via Facebook could be defamation due to potential to reach an indeterminate number of people. This ruling of the Court of Cassation reaffirms the trend in case law in favour of the lawfulness of dismissals ordered in those cases of misuse of social networks. However, it is important to point out that, even in light of several previous cases, breach of the bond of trust cannot be automatically associated simply to a few critical words; instead it is necessary to perform a careful analysis of the circumstances regarding the manner and the place (including a virtual one) in which these words are expressed so as to understand the effective scope and assess whether a dismissal should be deemed lawful.

  Read here the original version of this article published on Il Quotidiano del Lavoro.  
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 Jul 2026

Pay transparency: one month after its entry into force, two approaches are emerging in the market (The Platform, 8 July 2026 – Vittorio De Luca, Claudia Cerbone e Martina De Angeli)

Since 7 June, EU rules aimed at strengthening the principle of equal pay between men and women for the same work or for work of equal value have…

2 Jul 2026

Did you know…? As of 7 June 2026, Legislative Decree No. 96/2026 is fully in force

As of 7 June 2026, Legislative Decree No. 96/2026 is fully in force. It also introduces into the Italian legal system a structured framework on pay transparency, with…

2 Jul 2026

Failure to serve disciplinary charges does not render the dismissal null and void: italian supreme court confirms no reinstatement remedy for employers below the statutory workforce threshold

Principle of Law In its recent judgment No. 17283 of 1 June 2026, the Italian Supreme Court (Corte di Cassazione) examined the legal consequences arising from the employer's…

2 Jul 2026

AI and the employment relationship: initial guidance from the implementing decrees and data protection implications

Following the preliminary approval by the Council of Ministers, on 10 June 2026, of the first draft legislative decrees implementing the enabling law on artificial intelligence (Law No.…

1 Jul 2026

Sustainability, Responsibility, and the Future: A Commitment That Grows with Time

As we celebrate our 50th anniversary, we have chosen to look to the future with the same care and dedication with which we preserve our roots. Those roots…

25 Jun 2026

Pay Equity and Pay Transparency: What Will Change in Italy (People are People, 25 June 2026 – Claudia Cerbone e Martina De Angeli)

With Legislative Decree No. 96 of 7 May 2026, which entered into force on 7 June 2026, Italy transposed Directive (EU) 2023/970 on pay transparency, becoming one of…