Insights

In its Order No. 16358 of June 17, 2025, the Italian Supreme Court addressed the topic of dismissal for just cause, clarifying the distribution of the burden of proof and the appropriate approach that courts must adopt when the dismissal is based on multiple charges. The case The case involved a disciplinary dismissal imposed by ....

With Order No. 42802 of December 20, 2023, the Italian Supreme Court – Labour Section – clarified that the employee’s right to abstain from work on midweek holidays, although recognized under Italian law, is neither absolute nor non-negotiable, and can validly be regulated by collective bargaining agreements. In the case at hand, some employees engaged ....

In Provision No. 288 of May 21, 2025, the Italian Data Protection Authority fined an Italian company €420,000 for unlawful processing of an employee’s personal data later used to justify her dismissal. The case The employee filed a complaint against the company, alleging improper use of her personal data extracted from her “Facebook” profile, the ....

Analysis and Implications of Constitutional Court Ruling No. 111/2025, Which Also Introduces a New Factual Variable in Dismissal Litigation: the Employee’s Psycho-Physical Health Status With ruling No. 111/2025, filed on 18 July 2025, the Constitutional Court delivered a significant decision in labor law, declaring the partial constitutional illegitimacy of Article 6, first paragraph, of Law ....

In its recent Judgment No. 2385 of June 5, 2025, the Court of first instance of  Catania reaffirmed that, in cases challenging the validity of a dismissal allegedly communicated orally, the burden of proof lies with the employee, in accordance with the general principles set out in Article 2697 of the Italian Civil Code. The ....