The individual dismissal of the manager must not be inevitable
The Supreme Court, with sentence n. 87 of 4 January 2019 reiterated that the dismissal of the manager is always legitimate when the withdrawal was decided by the employer in good faith and within the exercise of the economic freedom protected by the art. 41 of the Constitution.
In other words, the employer can always withdraw from the relationship for reasons that actually concern the productive organization and the economic-financial management of his company, even if its purpose is only to reorganize human resources or reduce business costs. It is not necessary that the continuation of the relationship with the manager is impossible due to a crisis situation or in any case such as to objectively advise against, on the economic or organizational level, the continuation of the relationship.
It is sufficient that the employer is able to prove that the dismissal was imposed in good faith; not wrongly and speciously for the sole purpose of getting rid of an unwelcome leader for reasons that had nothing to do with the economic or organizational choices invoked. (LC)
