Case Law

The Court of Cassation, with judgement No. 6770 of 15 March 2017, overturned the decision of the Court of Appeal of Rome establishing a contraris that, the retrocession to the Client company of the contracted services does not exclude the possibility that a corporate transfer may occur according to article 2112 of the Italian Civil ....

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 ....

The Court of Cassation, with judgement no. 2000 dated 26 January 2017, ruled once again on the right of top managers to obtain substitutive allowance for any accrued vacation days not taken and on the related burden of proof. Specifically, the Court stated that this right (and the resulting burden of proof) is closely connected ....

The Court of Cassation, with judgement no. 1912 dated 25 January 2017, confirmed the decision of the Judges of the Court of Rome, declaring lawful the dismissal for just cause ordered for an employee who, having been assigned to lower rank duties, repeatedly refused to perform the new tasks at the workplace, assuming a contemptuous ....

The Court of Naples, with judgement no. 342 filed on 7 February 2017, ruled that an employer may terminate the company collective agreement concerning the performance bonus provided that such option is included in the original agreement and implemented within the terms agreed between the parties. This is because when a contractual relationship between two ....