Home » Labour dispute resolution/litigation

Labour dispute resolution/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:

Company Transfer: the transferred employee is subject to the supplementary company bargaining agreement of the transferee and not the transferor

28 Apr 2021

The Court of Cassation, in ruling no. 7221 of 15 March 2021, confirmed the legal principle according to which the Company’s supplementary contract, and the right recognised to the employee by company practice, does not survive the change in collective bargaining following the company transfer. Facts of the case A worker employed by a company ....

Termination during the probationary period is null during dismissal prohibition if based on a need to reduce costs

28 Apr 2021

In its 25 March 2021 ruling, The Court of Rome, declared the termination of employment during the probationary period, null and void because it was contrary to the dismissal prohibition for financial reasons, introduced by art. 46 of Decree Law 18/2020 (“Cure Italy Decree”) and confirmed by the emergency legislation that succeeded the Decree, if ....

Revirement of the Court of Rome: dismissal prohibition does not apply to executives

28 Apr 2021

The Court of Rome, in its ruling no. 3605 of 19 April, 2021, ruled on the application of the dismissal prohibition, provided for by art. 46 of the “Cure Italy” decree and confirmed by the emergency measures that followed, to executives. Contrary to the conclusions reached on 26 February, the Court ruled that “the literal ....

There is no violation of the repêchage obligation if the employee does not want to transfer to another office

28 Apr 2021

The Court of Cassation, in its ruling of 16 March 2021, no. 7360, established that where the employee dismissed for justified objective reasons had made themselves available for transfer only in certain areas, the employer must prove it is impossible to relocate them in those offices to avoid incurring in the repêchage obligation violation. Facts ....

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 dispute resolution/litigation

Related DLP Insights

Company Transfer: the transferred employee is subject to the supplementary company bargaining agreement of the transferee and not the transferor

Termination during the probationary period is null during dismissal prohibition if based on a need to reduce costs

Revirement of the Court of Rome: dismissal prohibition does not apply to executives

There is no violation of the repêchage obligation if the employee does not want to transfer to another office

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.