Case Law

The Preliminary Investigation Magistrate of Milan for the first time excluded objective responsibility of a company charged with the crime of IT market rigging (art. 2637 of the Civil Code), having considered the organizational model adopted complying with Leg. Decree 231/01.

Case law intepretation focuses on administrative liability of legal entities.

The Court of Cassation has clarified that dismissal of a disabled person working when there are jobs in the company which are compatible with his/her disablement, even if covered by other employees, is unfair.

The Employment Court of Milan has acknowledged the lawfulness of a dismissal for cause based on the instrumental and incorrect use of the sick leave certificate.

The laws and regulations on prevention of accidents in the workplace are aimed at protecting the worker not only from accidents deriving from his/her carelessness, but also from those which may be ascribed to imprudence, unskilfulness and negligence.