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ARTICLE · 22 SEPTEMBER 2026

Workplace Assault And Disciplinary Dismissal: Why Context Matters

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When can workplace assault justify dismissal, even if claimed as a joke? The Court of Asti examines how context, witness testimony, and collective bargaining agreements shape the proportionality assessment in disciplinary proceedings involving physical contact between colleagues.

ItalyEmployment and HR
Andrea Sticca
Andrea Sticca
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Dismissal for assaulting a colleague may be lawful even where the employee claims the act was committed in jest. In its judgement No. 178 of 6 July 2026, the Court of Asti clarified the relationship between the seriousness of the conduct, the proportionality of the sanction and the provisions of the National Collective Labour Agreement.

Two blows struck against a colleague in the workplace, preceded by an announcement of a taekwondo demonstration, may constitute just cause for dismissal even where the employee claims to have acted in jest and the conduct did not result in injuries serious enough to require time off work.

This conclusion provides an interesting opportunity to revisit the criteria for assessing the proportionality of disciplinary dismissal, particularly where collective bargaining agreements initially provide for a non-dismissal sanction for the alleged breach.

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