Case Law

In its decision no. 14871 of 15 June 2017, the Court of Cassation referred to its own case-law orientation and confirmed that, within the sphere of a dismissal due to objective just cause, in relation to the suppression of a post, it is not necessary for all the duties previously assigned to the dismissed employee ....

With its decision no. 14457/2017, the Court of Cassation turned over the “double conforming” decision of the lower courts and intervened with regard to the stability pact enclosed with the subordinate employment contract. Specifically, the Court observed that, outside the cases of just cause under Art. 2119 of the Italian Civil Code, a worker can ....

The Court of Cassation, with judgement No. 12804 dated 22 May 2017, stated that a disciplinary measure can be applied to any employee who photocopies material representing company know-how, even if such activity is carried out to protect the employee’s right in a legal proceeding. In the specific case, the employee, first disciplined and then ....

The Court of Cassation, by judgement No. 13799 dated 31 May 2017, intervened in the case of a dismissal for just cause issued against an employee who had posted on Facebook a few comments against her employer company as well as against her legal representative. In the specific case, the company was ordered at the ....

The Court of Cassation, with judgement No. 14175/2017, stated once again that, for the purpose of calculating the employment demand and verifying the company’s reasons for dismissal, a single centre of interest to which the employment relationship must be addressed applies only in the case of fraudulent splitting demonstrated in the context of different companies ....