News
Dismissal of the manager justified even if replaced by a new employee
- 17/12/2018
With order no. 27199 of October 26th, 2018, the Court of Cassation rejected the appeal of a former manager (Supply Chain Manager) who had challenged the termination intimidated by the employer to suppress his job position.
He argued that the position had not been suppressed, and the sector had even been boosted by new hires.
The Court has declared the dismissal legitimate, having the Company given evidence of the existence of a business rationalization plan, of an effective and unpretentious reshaping of the corporate structure and of non-existence, within the company, of the position of Director Supply Chain after the dismissal of the manager. This, according to the Court, is sufficient to consider justified the dismissal of a manager. In particular, it is not relevant that some of the tasks related to the Supply Chain area were actually entrusted to a worker hired a few months after his dismissal; what is relevant, instead, is that the company no longer exists a job position that coincides with the one of the dismissed worker.
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