Through ruling no. 8373 of 4 April 2018, Court of Cassation recently stated that the employer is entitled to rely on private investigation agencies activity.
In fact, employers are legitimate to carry out investigations, both in the case they need to verify an unlawful behavior already found out, and in the case they simply suspect that an unlawful behavior is ongoing.
Anyway, the Court underlines that the investigation activity is legitimate only if it is aimed not to ascertain the employee’s performance and how the employee has fulfilled the working obligation.
In the specific case analyzed by the Supreme Court, the employee was demanded to work also outside the company on specific working hours.
The company investigation activity was defined lawful because carried out in public places and aimed to discover whether the employee had complied with his working hours or had focused on his private activities.