Executives: a Court decision confirms the high level of responsibility expected from them

According to a recent decision of the Corte dei Conti of Tuscany, No 139/2014, when an employee is often absent from work without a justifying reason, not only the employee is subject to disciplinary consequences, but also the executive (dirigente) “who has not prevented the unlawful conduct, omitting the necessary internal controls”, who will be liable vis-à-vis the employer for the damages caused by his/her negligence. More specifically, he is responsible for the so-called “culpa in vigilando” (lack of control).

This decision highlights the importance of the role of the executive, as alter ego of the employer. He has not only organizational and managerial powers but also a strict duty to supervise the employees reporting to him/her.