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Italy Update: It is legitimate to dismiss an employee who has had a relationship with a colleague in violation of the company code of conduct

Court of Rome, sec. lav., 14 March 2023

It is legitimate to dismiss an employee who:

  1. a) had had a romantic relationship with a colleague of his subordinate without notifying the employer, in violation of the corporate code of conduct.
  2. (b) had induced the colleague to terminate the pregnancy resulting from their relationship and to conceal the circumstance with her employer in order to avoid obstacles to his career advancement;
  3. c) had urged her colleague to terminate her employment relationship and relocate to a competitor.

The Court of First Instance, in particular, held that that overall conduct was to be regarded as unlawful and capable of justifying dismissal for just cause, since the employee put his own personal interests before those of the company, and that he had created a climate of tension within the working group.

By Quorum, Italy, a Transatlantic Law International Affiliated Firm. 

For further information or for any assistance please contact italy@transatlanticlaw.com

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