Court of Cassation: the reasons for dismissal must always be stated

With its judgement no. 11595 dated 6 June 2016, the Court of Cassation ruled that in the case of dismissal of public servants who have reached the seniority age limit, the reasons for dismissal must always be given, even if applicable laws do not set forth the obligation to do so. The judgment refers to a petition filed by two workers of a Municipality in Lombardy Region who were dismissed in 2008 after accruing a contribution period of 40 years. According to the Court, the dismissal of an "elderly" person may be considered to be discriminatory if it is not objectively and reasonably justified for a legitimate reason. Substantially, the person in question may not be dismissed without adequate justification, since the employer’s objectivity and lack of discrimination may be ascertained from the reasons provided.