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Labour court decision/litigation

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:

Non-performance exception: when does the employee’s refusal to comply justify dismissal?

30 Jan 2023

By order No 770, of 12 January 2023, the Italian Court of Cassation ruled on the lawfulness of dismissal for just cause of a worker who, as part of her work performance, had not complied with the performance procedures set out in a specific company policy. According to the Supreme Court, with regard to dismissal ....

In the absence of a res litigiosa (dispute) conciliation statement may be challenged

02 Jan 2023

The Court of Milan, in judgment No 2652 of 11 November 2022, returned to the issue of the appealability of conciliation statements, ruling that in the absence of a res litigiosa (dispute), the minutes cannot be classified as settlement agreements, with the consequent potential ability to challenge the waivers contained therein. The facts of the ....

Contract term ineffectiveness if there is a company transfer

31 Oct 2022

In its order no. 21453 of 6 July 2022, the Court of Cassation stated that if there is a company transfer, a worker reinstated after the employment contract term’s ineffectiveness was confirmed, is treated as transferred ex lege to the transferee. Facts of the case The case concerns the effectiveness of a business transfer for ....

The Supreme Court and the progressive and constant extension of the reinstatement protection

23 Jun 2022

In ruling no. 13063 of 26 April 2022, the Court of Cassation extended the scope of application of the reinstatement protection to cases where the contested fact is found to exist and is not among the offences punished by the sector’s collective agreement with a conservative penalty. The Supreme Court extended the scope of the ....

Assistance in the dismissal of its General Manager and his removal from the office of Managing Director to an engineering company and supplier of plants and equipment for the processing of gas and oil for over 80 years.

30 Dec 2019

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 ....

Assistance in labour law and disciplinary dismissals to a company that operates in the top-range domestic and professional lighting sector, the world leader in the lighting industry.

30 Dec 2019

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 ....

De Luca & Partners gave its assistance to a multinational company specialising in the digital technologies within the judicial proceedings triggered by the former CEO and General Manager revoked as director and dismissed as an employee for just cause in connection with a fraud suffered by the Company for approx. 2.000.000 Euro and due to the General Manager negligence.

30 Dec 2019

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.

Labour court decision/litigation

Related DLP Insights

Non-performance exception: when does the employee’s refusal to comply justify dismissal?

In the absence of a res litigiosa (dispute) conciliation statement may be challenged

Contract term ineffectiveness if there is a company transfer

The Supreme Court and the progressive and constant extension of the reinstatement protection

Related Case History

Assistance in the dismissal of its General Manager and his removal from the office of Managing Director to an engineering company and supplier of plants and equipment for the processing of gas and oil for over 80 years.

Assistance in labour law and disciplinary dismissals to a company that operates in the top-range domestic and professional lighting sector, the world leader in the lighting industry.