Dismissal for Fraudulent Use of a Badge: Supreme Court Confirms, Job Gone for Good

There are ways and ways to get yourself sacked. But the approach chosen by the EAV employee (Ente Autonomo Volturno, the company that runs public transport in Naples and Campania) is a textbook example of what not to do as a worker. Italy's Supreme Court has just put an end to a case dripping with slyness and a lack of professionalism: it upheld the dismissal of an employee who used his badge fraudulently. No return to work, no second chance. The employment relationship is terminated for good.

The man at the centre of it all, a certain Mr Nappi (his name is already in the judgment), thought he was cleverer than everyone else. His little trick? He had a colleague swipe his badge for him, or he did it himself just before leaving, making it look like he had worked hours he hadn't actually put in. In short, it was fraud against the company and every fare-paying passenger. The termination of employment came after an internal process, and now the Supreme Court has sided with EAV: the dismissal is valid – in fact, it's completely justified.

When your badge becomes a weapon for dismissal

Many people think that redundancy is the most common reason for ending a contract. Or that a collective redundancy is the nightmare of large companies in crisis. But here we're talking about something else entirely: trust, honesty, good faith. Italian law (Article 2119 of the Civil Code) states that a contract can end immediately without notice when the element of trust is broken. And a tampered-with badge is the ultimate proof that an employee cannot be relied upon.

• Badge fraud (as in the EAV case): clocking in for someone else or having someone clock in for you is deception that justifies instant dismissal.
• Prolonged unauthorised absences – another classic that leads to contract termination.
• Insulting or threatening your boss in the office: the Supreme Court has said yes to dismissal even in moments of anger, if the incident is serious.
• Unfair competition – working for a rival company during your working hours or using your employer's resources.

This recent ruling leaves no wriggle room: the Supreme Court has made it clear that an employer does not have to tolerate fraudulent behaviour, even if the employee has long service or past merits. The first-instance judge and then the Court of Appeal had already ruled in favour of EAV. Nappi's last attempt was to take the fight to the Supreme Court, hoping for a softer interpretation of the rules. Instead, the judges closed the case with a firm "dismissal is lawful".

Not just fraud: when work ends for economic reasons

Of course, not all dismissals come from wrongdoing. In my career as a journalist, I've seen dozens of terminations of employment due to company crises, restructurings or offshoring. Redundancy is a social scourge, especially in the South. But beware: even in those cases, the employer must prove that it was impossible to redeploy the worker. It's not enough to say "we have no more money". Whereas in the badge-fraud case, the evidence is glaring and the judge won't save you.

The same goes for collective redundancy – the kind that involves at least five people within 120 days. There are union procedures, negotiations, social safety nets. But here? No negotiations at all: one dishonest act and the contract snaps like a dry biscuit. The Supreme Court wanted to send a clear signal: good faith in carrying out your work is not an optional extra – it is the very heart of the employment relationship.

So, dear readers in Naples and across the rest of Italy, if you ever get the idea of being clever with your badge, remember Mr Nappi. His story is already in employment law textbooks as an example of what not to do. And for those on the other side – perhaps the victim of an unfair dismissal – the route is different: documentation, witnesses, and a good solicitor. But here, frankly, the worker had no excuse. The badge is sacred: you only swipe it when you genuinely come in and go out.