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.
"Ferrario Provenzali Nicodemi & Partners" among Europe's top Labor Law firms, according to the prestigious Chambers ranking
“Ferrario Provenzali Nicodemi & Partners" has won LegalCommunity's “law firm of the year 2024” award for Employment Law consultancy
Footage from hidden cameras used as evidence in court proceedings regarding dismissals
Employees Entitled to Full Variable Compensation in Cases of Unclear Targets
Italian Supreme Court Rules that Executives Must be Reinstated in Cases of Unfair Dismissal