DLP Insights

Interdepartmental dismissals (Court of Cassation, Judgement no. 9991 of 29 April 2009)

Catégories: DLP Insights, Case Law

06 Juil 2009

The Court of Cassation has clarified that the dismissal of an employee in a department other than that subject to company reorganisation is fair. The Court in fact specified that the demarcation of boundaries for personnel subject to mobility risk can be limited to the employees of a particular area only if this meet objective company requirements, related to the corporate dismissal project. The reason that define the aforesaid boundary has to be proved by the employer. As a consequence, it is not fair the dismissal of employees based only on the fact that they work in the business department eliminated or reduced, not considering the possession of professional skills and capabilities equal to that of employees belonging to other departments.

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