Insights

Comments and tools from De Luca & Partners’ experience

Categories: Publications

The Court of Cassation, with judgement No. 10280/2018, handled once again a case of dismissal ordered due to disparaging statements against the employer and its representatives through Facebook. In the case in question, the judges of the court (Court of Forlì and Court of Appeal of Bologna) had already deemed legitimate the dismissal ordered to ....

Categories: Do you know that

Pursuant to article 54, Legislative Decree no. 81/2015, employers are entitled to hire individuals already parties to project collaboration contracts and individuals registered for VAT purposes with whom self-employment relationships occurred provided that: (i) the individuals sign a settlement agreement in front of unions or labour authorities; (ii) in the twelve months following the hiring, ....

Categories: Case Law

The Court of Cassation, with its judgement No. 6893 of 20 March 2018, declared the dismissal for cause notified to an employee to be lawful, as a result of having carried out another working activity during the days of leave for serious family reasons. In the case at issue, following the investigation ordered by the ....

Categories: Case Law

With its judgement No. 8407 lodged on 5 April 2018, the Court of Cassation declared the disciplinary dismissal notified to a female employee unlawful. On two occasions, she failed to stop another employee, who was a subordinate, from stealing pellet bags from the employer’s outlet, just limiting herself to warn her managers on both occasions. ....

Categories: Case Law

With its judgement No. 6792 of 21 March 2018, the Court of Cassation dealt with the completeness of the notice of commencement of the collective dismissal procedure under article 4 of Law No. 223/1991.  In particular the Court, in compliance with the stance of the judges ruling on the merits of the case, stressed that ....