On 13 October 2015 the Supreme Court of Cassation issued an important ruling with reference to disciplinary dismissals. According to the law, in case of disciplinary dismissal, if the fact alleged to the employee does not exists (never happened), the employee is entitled to be reinstated. However, the Court stated that the Italian legislator meant to say that the reinstatement is also due in case the fact alleged to the employee actually happened (exists), but is not unlawful.
Italy