Insights

On 29 December 2017 the so-called Whistleblowing law has entered into force and it has been published on the Official Gazette No. 179 dated 14 December 2017 after having been approved on 30 November. The law, which comprises only three articles, has the specific goal of introducing protection measures in our legislation, for employees (public ....

The Court of Cassation in its Plenary Sitting, with judgement No. 30985/2017 resolved a conflict of case-law regarding the penalty in the case of disciplinary dismissal affected by a late claim of unlawfulness. The controversy from which the judgement of the Plenary Sitting emerged, arose from an appeal filed at the court by an employee ....

The Court of Cassation, with judgement No. 29753/2017, ruled on the lawfulness of a dismissal issued by e-mail. In particular, the Court, through a literal interpretation of the provision referred to in Law 604/66, wished to clarify that “the requirement of written notice of dismissal must be deemed fulfilled, in the absence of specific procedures, ....

The Court of Cassation, with judgement No. 331 published on 10 January 2018, ruled once again on the penalties related to a dismissal for just cause deemed unlawful. In the specific case, an employee had been dismissed due to a change of corporate organisation triggered by a prefectural disqualification order due to alleged mafia infiltrations. ....

The Court of Cassation, with judgement No. 297, dated 9 January 2018, declared unlawful the dismissal for just cause of an employee who, after a heated argument with a colleague within the company’s premises that occurred at the presence of other employees and guests, continued the dispute outside the company’s premises, triggering a brawl that ....