Case Law

Categories: Case Law

The Court of Cassation, with its ruling no. 22819/2021, considered legitimate the dismissal of a worker who refused to return to the company, at the employer’s request, because the preventive suitability medical examination referred to in Article 41, paragraph 2, letter e-ter), of Legislative Decree 9 April 2008, no. 81 (Consolidated Law on health and ....

Categories: Case Law

The Court of Appeal of Venice, in ruling no. 476 of 28 June, 2021, ruled about remote control, considering video recordings of cameras on company premises to be entirely usable. Facts of the case A company (a gambling house) had used the images collected through a video surveillance system installed on the company’s premises to ....

Categories: Case Law

In a 2 July 2021 order, The Court of Milan ruled that, dismissals announced by the same company to six executives, in the same period and based on the same objective reasons, were part of the collective redundancies subject to the prohibition during the pandemic. The Court held that it was irrelevant that four of ....

Categories: Case Law

The Court of Cassation, IV Criminal Section, in its ruling no. 22256 of 3 March 2021 (filed on 8 June), ruled on the existence of the requisites of interest and advantage of the entity in cases of culpable offences for violation of accident prevention regulations under Legislative Decree no. 231/01 on administrative liability of entities. ....

Categories: Case Law

The Court of Cassation, in ruling no. 10992 /2021, stated that if there is an unlawful collective dismissal due to non-compliance with the communication system established by art. 4, paragraph 9 of Law 223/1991, which constitutes a “procedural violation”, the indemnity protection quantifiable between 12 and 24 months’ salary is applicable after the employment termination ....