Categories: Insights, Publications · News, Publications

Tag: Dismissal, Licenziamento


4 Aug 2022

Legitimacy of dismissal and burden of proof on the employee, if a colleague was not dismissed for the same conduct (Modulo24 Contenzioso del Lavoro (Form24 Labour Litigation) of Il Sole 24 Ore, 4 August 2022, Vittorio De Luca, Marco Giangrande)

The Court of Cassation ruled on an employee’s appeal challenging his disciplinary dismissal for a traffic accident while driving a company vehicle, claiming unequal treatment with colleagues who had not suffered such a penalty in similar situations. The Supreme Court declared the appeal inadmissible and stated that for an unreasonable inequality assessment, the possible consideration of similar situations must be based on allegations present in the case, allowing a comparison

The fact addressed and ruling outcome

The case submitted to the Court of Cassation concerned an employee who challenged in court his disciplinary dismissal for having caused a road accident by damaging the bridge on the provincial road while driving his company vehicle.

A vehicle with a crane on top, driven by the employee, crashed against a provincial road bridge beam due to the crane incorrect positioning.

The employer company considered the accident a serious breach of contract. In addition, the employee failed to fill in a compulsory parking disk and tachograph, which attests to the vehicle speed. The company terminated his employment without notice.

In ruling no. 469/2019, the Court of Appeal of Bologna, rejected the complaint lodged by the employee against the Court of Ferrara decision which declared the employee dismissal lawful, due to the accident.

The local Court held that the dismissal was lawful, given the conduct seriousness which severely damaged the bond of trust, and considered the dismissal proportionate.

The appeal in Cassation

The employee challenged the ruling, appealing to the Court of Cassation, with a single ground of complaint, alleging unequal treatment with other colleagues who had engaged in similar conduct without being dismissed.

The appellant pointed out that the local Court had not considered the objection raised on the different treatment reserved to other employees for similar misconduct.

The worker referred to Court of Cassation principles according to which “ even if it is irrelevant for the existence of just cause or justified reason for dismissal, that a similar breach committed by another worker was assessed differently by the employer, and if the worker’s breach irreparably compromised the fiduciary relationship, those situations may remove the dismissal of its justificatory basis” ” (Court of Cassation ruling no. 14251/2015; Court of Cassation ruling no. 5546/2010; Court of Cassation ruling no. 10550/2013).

To better understand the reasoning behind the Court of Cassation’s decision, it is appropriate to mention the legal principle invoked by the appellant worker.

According to the Court of Cassation ruling no. 14251/2015, the Supreme Court’s well-established case law, states that, it is irrelevant for the existence of just cause or justified reason for dismissal, that a similar breach committed by another worker was assessed differently by the employer, if the worker’s breach irreparably compromised the fiduciary relationship.

Continue reading the full version published in Modulo24 Contenzioso Lavoro (Form24 Labour Litigation) of Il Sole 24 ore.

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…