The Court of Cassation has established that, in dismissals for cause, immediateness of the notice of the expulsive measure with respect to the moment of the failure which grounded said measure, or that of the notification, amounts to a constitutive item of the employer’s right of withdrawal, since the non-immediateness of the notification or of the expulsive measure leads to deem that the employer has put off the dismissal deeming the employee’s negligence not serious or, in any event, not worth of the maximum sanction. The immediateness requirement needs be considered in a relative sense, since it may be compatible with an interval, be it shorter or longer, when ascertainment and assessment of the facts request greater time or when complexity of the business organisational structure may delay the measure. In any event, assessment of the factual circumstances specifically justifying the delay or not is reserved to the judge ruling on the merits.
