CONSTITUTIONAL COURT DECISION | Judgment no. 129/2024
Judgment no. 129/2024, deposited with judgment no. 128 on 16 July, addressed disciplinary dismissal under the “Jobs Act”.
The Court held that reinstatement must be available where the proven conduct is expressly punishable under the applicable collective agreement by a conservative sanction rather than dismissal.
International employers may apply a global code of conduct without checking the Italian disciplinary code and CCNL. The corporate rule may justify concern, but the statutory remedy depends on the local classification and proportionality of the conduct.
Before dismissal, counsel should compare the allegation with the exact CCNL provisions, prior practice and the employee’s duties. The decision letter should not overstate facts in an attempt to escape a conservative category.