Case Law

The Labour Division of the Milan Court with judgement no. 4703 dated 20 February 2017, ruled on the appeal pursuant to article 1, paragraph 48 and following of Law 92/2012 filed by an employee against dismissal for just cause ordered by one of our client Companies for having sold on the Internet, under false name, ....

The Court of Cassation, with judgment No. 284 dated 10 January 2017, intervened on the subject of dismissal on exceeding the maximum number of sickness absence days by primarily stating that the calculation must not consider the afternoons during which the worker is subjected to specific medical treatment, when the worker, on a part time ....

On 11 January the Constitutional Court declared its opinion on the admissibility of the three referendums proposed by CGIL, related to (i) Article 18 of the Workers’ Statute and the reintegration into the workplace of a worker in the event of unlawful dismissal, (ii) the cancellation of vouchers and iii) the re-establishment, in the matter ....

The Court of Cassation, with judgment No. 50 dated 3 January 2017, intervened in the matter of dismissal for cause, clarifying that the timeliness of a disciplinary notice must be assessed with reference to the time when full knowledge of the fact is acquired, stating instead that for that purpose a mere suspicion is not ....

The Court of Cassation, with judgment No. 25201 dated 7 December 2016, issued a new judgement on the matter of dismissal for justified objective grounds. In particular, the Court of Cassation noted that Article 3 of Law 604/66 does not require that “adverse situations” or situations entailing “considerable extraordinary expenses” must be invoked as the ....