Italy: Unfair/ Wrongful Dismissal

The Court of Cassation's Joint Sections has issued a landmark ruling clarifying the procedural rights of employees who are dismissed while lacking mental capacity to understand or respond to their termination. This decision addresses a critical gap in Italian employment law by establishing new time limits for challenging dismissals when workers are unable to comprehend the legal consequences of their termination. The ruling balances employee protection against employer certainty in dismissal proceedings.

The Supreme Court of Cassation, in its Order no. 21172/2021, established that a director's waiver of remuneration may be expressed by their conclusive conduct that unequivocally reveals their intention...

The financial crisis is having a significant impact in the field of employment, with an increase in dismissals for an objectively justified reason (giustificato motivo oggettivo) as employers seek to reduce their business costs.