Analysis of Judgment No. 8899 of 2024: Antecedent Conduct and Just Cause for Dismissal

Judgment No. 8899 of April 4, 2024, by the Court of Cassation, serves as a significant reference point regarding dismissal for just cause. It clarifies the conditions under which criminal conduct, carried out before the commencement of the employment relationship, can affect current employment relations. This article will explore the implications of this judgment and related regulations, making its provisions understandable.

Regulatory Context

The regulation of dismissal in Italy is primarily governed by the Civil Code, specifically Articles 2104, 2105, and 2106. These articles establish the employee's obligations of diligence and loyalty and the conditions for the lawfulness of dismissal. In its ruling, the Court focused on a crucial aspect: the distinction between unlawful conduct occurring during the employment relationship and that which preceded it.

• Unlawful conduct during the relationship: can justify dismissal for just cause.
• Antecedent unlawful conduct: can justify dismissal only if irrevocably condemned and incompatible with the trust-based relationship.
• The employer must demonstrate the negative impact of such conduct on the employment relationship.

Analysis of the Judgment's Headnote

Conduct constituting a crime prior to the establishment of the employment relationship - Just cause for dismissal - Configurability - Conditions - Factual scenario. In matters of dismissal for just cause, only conduct carried out while the employment relationship is ongoing can stricto iure constitute disciplinary liability for the employee, as otherwise, there is not even an obligation of diligence and/or loyalty under Articles 2104 and 2105 of the Civil Code, the violation of which is punishable under Article 2106 of the Civil Code; however, conduct constituting a crime carried out before the establishment of the employment relationship can, even without specific contractual provision, constitute just cause for dismissal provided that it has been judged by an irrevocable conviction that occurred while the relationship was already in effect, and it proves to be – through a judicial review to be carried out both in abstract and in concrete terms – incompatible with the persistence of the trust-based bond that characterizes it. (In this case, the Supreme Court confirmed the appealed judgment establishing the illegitimacy of the disciplinary dismissal issued for very old facts, for which an irrevocable conviction had occurred even before the establishment of the employment relationship, and the employer had not specifically indicated their current negative impact on the concrete reality of the relationship, limiting itself to suggesting a mere risk connected to them).

This headnote clearly highlights that dismissal for just cause can only be established in the presence of conduct carried out during the employment relationship, unless an incompatibility with the trust-based relationship is demonstrated, even in cases of pre-existing conduct.

Conclusions

Judgment No. 8899 of 2024 represents an important clarification on the matter of just cause for dismissal. The Court of Cassation states that an accurate assessment of the employee's conduct, both in abstract and in concrete terms, is essential to establish the lawfulness of a dismissal. Employers must be able to demonstrate not only the irrevocable conviction for prior conduct but also its current impact on the employment relationship. This decision offers food for thought for both employers and employees, emphasizing the importance of a mutual trust-based relationship in the workplace context.