Decision 1424 of the Supreme Court, which was issued on February 1 2012, confirms a well-established rule of employment case law.
The ruling addresses the issue of whether the procedural guarantees referred to in Sections 7(2) and (3) of the Law of March 20 1970 apply to the termination of an executive.
The court stated that the dismissal of an executive without notice is wrongful if the employer does not issue a reprimand letter and provide for a period in which the individual can respond in his or her defence, as established by law.
This analysis applies:
- regardless of an individual's executive status; and
- where an employee has been guilty of negligence or any other form of misconduct that permanently undermines the relationship of trust with the employer.(1)
For further information on this topic please contact Andrea Stanchi at Stanchi Studio Legale by telephone (+39 02 546 9522), fax (+39 02 551 91641) or email ([email protected]).
(1) This principle was stated in Supreme Court Decision SSUU13812/2008.