LABOUR | Grounds for dismissal for cause found on National Collective Bargaining Agreement deemed non-binding and illustrative only

On 26 April 2025, the Italian Supreme Court issued its judgment in case No. 10962. In this decision, the Court reaffirmed that the list of grounds for dismissal for cause under National Collective Bargaining Agreements (Italian CCNL) is merely illustrative and not binding on the courts. The case concerned a logistics courier with coordination duties who had mismanaged the delivery of two bills of lading, resulting in their delivery to unauthorized recipients. The Court of Appeal of Naples had already upheld the dismissal, finding the disciplinary charge substantiated by the evidence and rejecting the employee’s claims. The Supreme Court confirmed that the employer’s action – although not listed in the CCNL – seriously breached the fiduciary duty essential to the employment relationship. The fact that the conduct did not amount to theft, but involved a significant violation of internal procedures, did not preclude dismissal.

Newsletter n. 109 – July 2025