Under Italian Law, dismissal for an objective justified reason is the one due to facts or events of an organizational or economic nature, which affect the company’s reality and determine the employer’s need to terminate the employment relationship.
In this case, the employer has to prove the impossibility to employ the employee in other duties, even lower (the so-called duty of repechage).
Through Ruling no. 11413 of 11 May 2018, Court of Cassation identifies a new limit to the employer’s duty of repechage: if company’s open positions require a technological expertise different from the one acquired by the redundant employee, he is not entitled to relocation.
In the case analyzed by the Court, after the dismissal the employer had hired some new specialized technicians, without taking into account the previous employee’s experience and the chance of using him for those tasks, even if lower.
Supreme Court considered proved by the employer the impossibility to relocate the employee in the duties of specialized technicians, since the technology he used and known because of his previous working experience was obsolete if compared with the new ones.
In the Court perspective, the duty of repechage clearly postulates that the employee’s working skills shall be usefully employable in alternative job positions that could be possibly assigned to him.
For this reason, the duty of repechage does not apply when the employee’s skills and professional experience are not compatible with the different job position open in the company.