![\"\"](\"https:\/\/www.delucapartners.it\/wp-content\/uploads\/2025\/04\/shutterstock_1241697943-1024x683.jpg\")
<\/figure>\n\n\n\nThe Court of Appeal of Rome, confirming the first-instance decision, considered the dismissal lawful. It found that the organizational needs underlying the transfer were documented and uncontested, as the employer no longer had any operational site in the employee\u2019s previous city. The employee, although claiming that she was materially unable to relocate due to family issues, had never provided concrete details regarding such impediments.<\/p>\n\n\n\n
The Italian Supreme Court, dismissing the employee\u2019s appeal, reiterated that the unlawfulness of an employer\u2019s decision does not automatically justify the employee\u2019s refusal to perform their work duties, unless such refusal is necessary to avoid serious and immediate harm to the employee\u2019s fundamental rights. Good faith must be assessed on a case-by-case basis, taking into account the seriousness of the employer\u2019s breach, the employee\u2019s personal and family circumstances, and the impact of the refusal on the company\u2019s organization.<\/p>\n\n\n\n
In this case, the Court upheld the assessment of the lower courts. A refusal is justifiable only when there is serious and immediate prejudice to the worker\u2019s fundamental rights, to be evaluated according to the principles of proportionality and good faith.<\/p>\n\n\n\n
In the absence of such conditions, as in the present case,the employee\u2019s conduct constitutes a disciplinary breach and justifies dismissal.<\/p>\n","protected":false},"excerpt":{"rendered":"
With judgment no. 29341 of November 6, 2025, the Italian Supreme Court, Labor Division, confirmed the legitimacy of the disciplinary dismissal imposed on an employee who refused to report for work at her new place of assignment, reiterating that an employee\u2019s refusal to perform their duties – even when the transfer is disputed. must comply […]<\/p>\n","protected":false},"author":5,"featured_media":25672,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[178,177,190,196,212],"tags":[1154,530,941],"class_list":{"0":"post-25671","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","6":"hentry","7":"category-do-you-know-that","8":"category-insights","10":"category-news","12":"tag-corte-di-cassazione-en","13":"tag-dismissal","14":"tag-licenziamento-en"},"acf":[],"yoast_head":"\n