DISMISSAL FOR JUSTIFIED OBJECTIVE REASON (GMO) DEEMED LAWFUL WHEN BASED ON REPLACING AN EMPLOYEE WITH ARTIFICIAL INTELLIGENCE

team vallettaEmployment and Pensions, Gaspare Roma, Ilaria Uletto, In the Press, Publications

The Court of Rome, with judgment no. 9135 of 19 November 2025, addresses one of the most debated issues of our time: the impact of artificial intelligence on employment.

According to the judges, replacing an employee with an AI system may justify a dismissal for justified objective reason, provided that the traditional principles of labour law are respected: an economic and financial crisis, a causal link between the reorganization and the dismissal, and the impossibility of redeployment (repêchage).

The decision clarifies that the adoption of algorithmic technologies does not introduce a special legal regime, but rather falls within the existing regulatory framework, which continues to serve as the benchmark for assessing the lawfulness of employers’ decisions.

This represents a first significant judicial precedent, opening the door to new reflections on the balance between technological innovation and employment protection.

To learn more, an in-depth article by Gaspare Roma and Ilaria Uletto is available on NT+ Diritto by Il Sole 24 Ore.

 

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