In its ruling no. 2058 of January 29, 2025, the Italian Supreme Court confirmed the legitimacy of a just cause dismissal for an employee who had publicly defamed her superiors via social media.
The case and the first-instance decision
This case concerns an employee who was dismissed for just cause after posting defamatory statements on Facebook and sending a series of e-mails containing derogatory remarks about her superiors and the company.
Following the appeal, where the employee argued that her statements were simply an exercise of her freedom of speech and had not caused any real damage to the company’s reputation, both the Court of First Instance and the Court of Appeal upheld the dismissal. They concluded that the employee’s behavior had irreparably damaged the trust necessary for the employer-employee relationship.
The Court of Appeal specifically found that the employee’s actions «went beyond the formal boundaries of the right to criticize» thus justifying the dismissal for just cause.
Additionally, when evaluating the legitimacy of the dismissal, the Court of Appeal stated that «the e-mails sent from the company’s account and the posts on Facebook, marked by bitterness and acrimony and filled with vulgar and offensive language, clearly showed an intent to personally and professionally offend and humiliate her superiors, undermining any legitimate claim of protecting the company’s interests». The Second – Instance Court further highlighted that the employee’s conduct was not an expression of her right to criticize, but rather an attempt to harm the company’s reputation by mocking its leadership and suggesting unfounded corruption allegations.
The employee challenged the Court of Appeal’s decision by appealing to the Italian Supreme Court, raising several grounds for the appeal.
The Supreme Court’s decision
The Italian Supreme Court upheld the decision of the Court of Appeal, ruling that defamatory conduct on social media can indeed constitute just cause for dismissal, as it undermines the trust relationship between the employee and employer. The Court affirmed that the «expressions made by the employee went beyond the limits of acceptable criticism, making the defense of free speech inapplicable», and also stated that «whether the posts concerned the company itself is irrelevant, as they targeted the hierarchical superiors and clearly had disciplinary significance, especially when, as in this case, they exceeded the limits of formal propriety».
Finally, the Supreme Court emphasized that violations of the duties of loyalty and fairness – particularly when expressed publicly and on social media – can lead to a breakdown in the trust relationship, thus justifying the dismissal.
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