Case Law

Categories: Case Law

The Court of Cassation, with judgement No. 9395 filed on 12 April 2017, issued a ruling on the dismissal ordered to a disabled employee for exceeding the protected period, declaring the legitimacy of the order. In fact, the Court has confirmed the line of thought according to which absences connected to the status of disability ....

Categories: Case Law

The Court of Cassation, with judgement No. 475, filed on 11 January 2017, intervened in the matter of dismissal of working mothers, stating once again that dismissal ordered to a working mother at the beginning of the pregnancy until her child is one year old is void and ineffective. In the specific case, the Court ....

Categories: Case Law

The Court of Milan, with judgement No. 730 dated 8 April 2017, ruled again on the matter of applicable protection in the event of a voided probation clause for those who are hired under a contract with growing protections. In the matter in hand, a female worker was notified of termination due to failed passing ....

Categories: Case Law

The Court of Cassation, with judgement No. 7166 dated 21 March 2017 has once again deliberated on the subject matter of disciplinary dismissal. In this specific case, the employee, holding the position of emergency technical manager was dismissed after a disciplinary proceeding for having refused to respond to two subsequent support calls respectively for a ....

Categories: Case Law

The Court of Milan, with judgement No. 3370, filed on 16 December 2016, has stated that the employer, in case of dismissal for financial reasons, in verifying whether to assign the employee to other tasks within the company (the so called repêchage obligation) cannot limit itself to tasks equivalent to the ones performed by the ....