With a consolidated experience in the field of Labour Law in litigation, De Luca & Partners regularly provides assistance to clients at all levels of justice and before all jurisdictions, civil and administrative, in its area of specialization.
De Luca & Partners pursues a philosophy which is oriented towards only dealing with litigation when it is appropriate from a strategic point of view and of real advantage to the client. We have a remarkably positive track record in the courtroom and that leads us to be able to define ourselves as an undoubtedly influential operator in the main court system.
This particular understanding of the dynamics of litigation and our habit of drawing comparisons with foreign representatives, has seen De Luca & Partners being considered as a reference point for non-Italian customers who have to realistically face the peculiarities of litigation processes in our country.
In addition, De Luca & Partners’ professionals – in view of the critical time constraints of many clients, especially international ones – have developed considerable expertise in arbitration matters, providing their assistance as defendants.
Again with regard to arbitration, the Shareholders of De Luca & Partners – precisely in light of their acknowledged expertise in the matter – are often called upon to act as arbitrators in disputes where their clients are not involved.
Partners and Associates of De Luca & Partners are always committed to achieving the clients’ objectives and avoiding litigation where opportune.
In any case, legal aid is a strong area of competence for De Luca & Partners.
The lawsuits undertaken by the Firm have for example included:
In ruling no. 9800 of 25 March 2022, the Court of Cassation ruled that – if the notice referred to in Art. 4, paragraph 9, Law no. 223/1991 for the collective dismissal procedure does not correctly specify the criteria for the selection of the workers concerned, the procedure is unlawful and, consequently, the dismissal must ....
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In ruling no. 1240/2022 of 25 March, the Court of Foggia confirmed the prevailing principle that the burden of proof to demonstrate the contested oral dismissal is on the employee. In this case, the employee claimed he was orally dismissed on 3 January 2020, stating that he was notified of an “immediate suspension of employment” ....
Read moreIn its ruling no. 3820 of 7 February 2022, the Court of Cassation established that the disciplinary notice shows the worker of the facts of which they have been charged to allow them to exercise their defence rights. It does not contain evidence, especially when it comes to facts beyond the employer’s direct knowledge which ....
Read moreWith its ruling no. 1887 of 21 January 2022, the Court of Cassation stated that the employee might freely dispose of the right to challenge the employment relationship termination by waiving or settling. Facts of the case The facts of the case originate from the decision of the relevant local court, which was upheld on ....
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The firm assisted the Client in the dismissal of its General Manager and his removal from the office of Managing Director. The Firm also assisted the Company in the attempt to reach an out-of-court settlement following the executive’s appeal. The Firm was later instructed to assist the Company in the proceeding brought by the executive ....
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The Firm has assisted the Company for many years in all issues connected with labour law. As part of its assignment, the Firm has assisted the Client in a number of cases of employee disciplinary dismissal for thefts committed at the Company’s premises. The Firm also successfully assisted the client in a legal action brought ....
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Our firm has triggered a counter action against the former CEO to achieve compensation for damages suffered as a consequence to the misconducts attributed to him which led to his revocation and dismissal.
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