Case Law

The Court of Cassation, with judgement No. 17062 dated 11 August 2016 ruled that notification of dismissal issued by registered letter, even if rejected by the recipient, is deemed notified. According to the Court, in fact, "A postal agent’s note on the notice of receipt, showing rejection without further specification regarding the subject, recipient, or ....

The Court of Cassation with judgement No. 17921 dated 12 September 2016 ruled that if a probation clause included in the employment contract is found to be invalid, the employer’s termination of the contract is subjected to the application of the protections against unlawful dismissal. Thus, the Supreme Court of Cassation reversed the interpretation provided ....

With sentence no. 14305/2016 the Court of Cassation confirmed the unlawfulness of dismissal for disciplinary reasons in the case of an employee dismissed during a dispute over the recognition by the employer of a revised job description involving additional duties. The employee in question took possession of documents useful for the case, sending them from ....

With sentence no. 16214 dated 3 August 2016, the Court of Cassation affirmed that a trial period must be accepted in writing by the employee. In this particular case, a female employee asked the Courts to quash the termination of her employment because the trial period specified in the employment contract had expired. The employer ....

With sentence no. 14193 dated 12 July 2016, the Court di Cassation confirmed that executives dismissed for economic reasons need not be relocated within a Group. In the case examined an executive applied to the Courts, claiming that his dismissal from the Italian branch of an American multinational was unlawful despite the justification for economic ....