Disciplinary Code and Sanctions under the Organization, Management, and Control Model

Published in Sintesi, journal of Milan’s Labor Consultants Council, May 2024

Abstract

Disciplinary Code and the 231 Model: A Case before the Supreme Court

Autostrade per l’Italia dismissed an employee accused of manually closing a barrier and falsely declaring the proper functioning of the lane. The employee challenged the decision all the way to the Supreme Court of Cassation. The dispute concerns the relationship between the sanctions provided under the Organizational Model 231/2001 and those established by the collective labor agreement, as well as the interpretation of the principles of proportionality and procedural fairness. The Court ruled that the disciplinary code of the 231 model must align with contractual rules, ensuring clarity of sanctions and safeguarding employee rights. While acknowledging a breach of duties, the Court deemed the dismissal sanction excessive, ordering a reassessment by the Court of Appeal.