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Italy / Court of Cassation / 19457/2015

Poste Italiane S.p.a. v Carmine Galasso

Policy area:
Employment and social policy
Deciding Body type:
National Court/Tribunal
Type:
Decision
Decision date:
30/09/2015

Key facts of the case:

The Court of Cassation was required to rule over the legitimacy of a judgment of the Court of Appeal, which confirmed the judgment of the Naples Ordinary Court. The latter had annulled the lay-off of Carmine Galasso by Poste Italiane S.p.a. The Naples Ordinary Court considered that the lay-off, due to the firm’s necessity to reduce labour costs, was to be considered unlawful since there was no clear and rational explanation, either at local or at national level, on the redundancies relating to the worker’s managerial position. For this reason, the decision adopted by Poste Italiane S.p.a. was considered irrational and discriminatory by both the Court of Appeal and the Naples Ordinary Court.

Outcome of the case:

The Court of Cassation decided to annul the judgments of the two abovementioned courts, which had annulled the lay-off. More specifically, the Court of Cassation held that when a private firm decides to reduce the number of employees in order to lower labour costs, it is sufficient that the firm itself provides a plan with the minimum number of workers that need to be dismissed. Moreover, the employer shall facilitate and implement a negotiation procedure with trade unions, which are in charge of determining the criteria to be used in order to identify the workers to be dismissed – i.e. a worker’s proximity to retirement. In the case at hand, the Court of Cassation ruled that these steps had been taken and that the lay-off was to be considered valid.