Case Law

With its order No. 14242/2018, the Court of Cassation was requested to rule on the existence of non-patrimonial damage in case of unlawful data processing. In particular, the dispute under the close examination of Court of Cassation concerned the order to transfer a Customs Agency employee after commencement of an investigation by the Public Prosecutor’s ....

With its judgment No. 15094 of 11 June 2018, the Court of Cassation has stated that the controls carried out through an investigation agency (or security guards) may in no way concern the fulfilment or the breach of the contractual obligation, but must only limit themselves at ascertaining the carrying out of unlawful acts carried ....

With its judgment No. 13266 of 28 May 2018, the Court of Cassation has declared the lawfulness of a disciplinary dismissal served on an employee for having used the company computer during working time for non-working purposes. In the case at issue, the employer had commenced a retrospective investigation – following the reporting of the ....

The Court of Appeals of Turin, with judgement dated 22 December 2017 reviewed a case of resignation for just cause presented by an agent of a company in the consumer credit sector. In particular, the resigning agent had appealed to the court to obtain the payment of the indemnity pursuant to art. 1751 of the ....

The Court of Cassation, with judgement No. 9127 dated 12 April 2018 reviewed the case of dismissal for justified objective reasons not supported by a negative economic trend. In this case, the judges reviewing the case had deemed the employer’s dismissal unlawful because “the unfavourable situations were not such as to have a decisive influence ....