Some case history by De Luca & Partners
Object
Legal assistance to a company operating in the field of industrial machinery for over 40 years, in disciplinary proceedings against the CEO leading to his dismissal for just cause.
Summary of matter
After dismissal, the MD sued the Client challenging the dismissal for just cause.
De Luca & Partners prepared and filed the defense brief in the interests of their Client in order to obtain a complete rejection of the claims made against it by the claimant.
Object
Assistance to a leading player in managed services in Europe which has more than 1800 employees, spread over 24 locations in Europe during a litigation filed by the self-employee before the Labour Court of Milan.
Summary of matter
The litigation has been based on the representation that the self-employee has carried out the duties assigned as an employee and not as a self-employee.As consequence the self-employee has claimed for (i) the reclassification of the consultancy agreement into an employment relationship with status of Dirigente status; (ii) the unlawfulness of the dismissal and the payment of the notice period and the relevant indemnity pursuant to the applicable NCBA.
The parties have reached a settlement agreement on the terms and conditions for the termination of the relationship and, at the same time, to settle the case and any possible mutual claims which may derive from the relationship and its termination.
Object
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.
Summary of matter
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 before the Court of Milan. The case was decided following an agreement between the parties.
Object
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.
Summary of matter
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 by a number of dismissed employees.
Object
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.
Summary of matter
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.