With its judgement no. 26464 dated 21 December 2016, the Court of Cassation confirmed that a manager must agree and confirm its leave with the employer, if this is set forth by a collective or personal contract. In the case in question a manager was dismissed for cause because he had gone on leave arbitrarily despite the fact he knew that he had to make important payments on behalf of the company for which he worked. The Court, to whom the manager had applied, considered such dismissal to be unjustified, and ordered the company to pay a supplementary indemnity to the latter, in addition to an indemnity in lieu of notice. The Court of Appeal overturned the decision of the Court only in the part relevant to the supplementary indemnity, which was rejected, but considered the dismissal to be justified even if not for cause. In rejecting the appeal of the manager, the Court of Cassation stated that the discretion of the manager to decide the period in which to go on leave is subject to the limit of a contrary provision of the collective bargaining agreement (or, as the case may be, of the personal contract) that may set forth that the employee must agree and confirm its leave with the employer. Without prejudice to the fundamental right to enjoy leave, these must be agreed, if this is expressly set forth by contract, by the parties in accordance with company requirements.
