Dismissal for fraudulent badge use: Supreme Court confirms, you're out of a job

There are ways and ways to get yourself fired. But the method 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. The Court of Cassation has just put an end to a case that smacks of cunning and a lack of professionalism: it upheld the dismissal of a worker who fraudulently used his badge. No coming back, no second chances. The employment relationship is finished for good.

The man at the centre of it, a certain Mr Nappi (the name is right there in the ruling), thought he was cleverer than everyone else. His little trick? He'd have a colleague swipe his badge for him, or he'd do it himself just before leaving, making it look like he'd worked hours he hadn't. In short, a fraud against the company and all the fare-paying passengers. The ending of the employment relationship came after an internal process, and now the Supreme Court has backed EAV: the dismissal is valid – in fact, it's completely justified.

When your badge becomes grounds for dismissal

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

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

This recent ruling leaves no wiggle room: the Supreme Court has reaffirmed that employers don't have to put up with fraudulent behaviour, even if the employee has seniority or past merits. The first-instance court and then the Court of Appeal had already ruled in EAV's favour. Nappi's last attempt was to take the fight to the Supreme Court, hoping for a softer interpretation of the rules. But instead, the judges closed the case with a firm "dismissal upheld".

Not just fraud: when work ends for economic reasons

Of course, not every dismissal comes from dodgy behaviour. In my career as a reporter, I've seen dozens of employment relationships end due to company crises, restructurings or offshoring. Redundancy dismissal is a social scourge, especially in the South. But be careful: even in those cases, the employer has to prove that they couldn't redeploy the worker. It's not enough to say "we've run out of money". In the badge fraud case, though, the evidence was crystal clear and the judge won't save you.

The same goes for collective redundancy, which involves at least five people within 120 days. That comes with union procedures, negotiations, and social safety nets. Here, however, there are no negotiations: one dishonest act and the contract snaps like a dry biscuit. The Supreme Court wanted to send a clear message: good faith in carrying out your work isn't optional – it's the very heart of the employment relationship.

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