Case Law

Categories: Case Law

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.

Categories: Case Law

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.

Categories: Case Law

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.

Categories: Case Law

The Court of Cassation has established that the carrying out of private undertakings, guaranteed by article 41 of the Constitution, is not challengeable from a technical standpoint by the courts, but needs be carried out in compliance with the rights to work and health, with the consequence that the judge would not be breaching the ....

Categories: Case Law

The lack of the mandatory out of court attempt to settle, which is provided as a condition without which the claim can not be proposed, has to be pleaded by the defendant in the defence