Italian Supreme Court issues rulings on worker surveillance and safety protocols

The Italian Supreme Court (Cassazione) has issued two significant rulings regarding employer authority and employee rights.

In one case, the Court ruled that an employer cannot use GPS data, Telepass records, or private investigators to monitor a worker's routine performance. The ruling involved a waste collection driver who was dismissed after being tracked via GPS and private detectives for taking unauthorized breaks. The Court determined these defensive controls were illegitimate for verifying simple job performance, leading to the worker's reinstatement and compensation.

In a separate ruling, the Court upheld the dismissal of an employee who refused to wear a mask in the workplace. Although the national state of emergency had ended, the Court noted that the company's internal safety protocols, agreed upon with worker representatives, remained in effect. The judges emphasized that under Article 2087 of the Civil Code, employers are obligated to implement necessary measures to protect the physical integrity and moral personality of their employees.