Case Law

Categories: Case Law

Following a report by a group of worker-members of a cooperative, the Data Protection Authority (“Garante”) established the unlawfulness of certain processing operations carried out through the publication of information on the assessment of their work, on the company notice board. As part of a “contest with prizes for worker-members, entitled “Guardiamoci in faccia…soci!” (Let’s ....

Categories: Case Law

In ruling no. 13063 of 26 April 2022, the Court of Cassation extended the scope of application of the reinstatement protection to cases where the contested fact is found to exist and is not among the offences punished by the sector’s collective agreement with a conservative penalty. The Supreme Court extended the scope of the ....

Categories: Case Law

With its order no. 17287 of 27 May 2022, the Court of Cassation considered the dismissal for just cause of the Workers’ Safety Representative (“RLS“) legitimate. The RLS had used union (daily) leave for more than three continuous months, for purposes other than those for which they had been provided and granted, or for personal ....

Categories: Case Law

With its order no. 16975 of 25 May 2022, the Court of Cassation intervened on the single company attribution in employment relationships, outlining the indicators. Facts of the case In a ruling following a complaint under Law no. 92/2012, the local court found that the dismissal of an employee (i.e., the alleged divestiture of the ....

Categories: Case Law

The Constitutional Court, in ruling 125 filed on 19 May 2022, expressed its opinion on paragraph 7 of art. 18, of law no. 300/1970 which recognises the reinstatement protection in cases of dismissal for justified objective reason, only if it is established that there is a “manifest lack” of the fact underlying the dismissal. The ....