Categories: Case Law
The Court of Busto Arsizio with judgement No. 264 dated 12 July 2016, stated that the law principle according to which a transfer of business pursuant to art. 2112 of the Italian civil code exists also when transferring, without moving materials or assets, personnel between the transferor and the transferee, even if the personnel is ....
Categories: Case Law
The Court of Cassation, with judgement No. 18302 dated 19 September 2016, stepped in to settle a dispute between the "Istituto Poligrafico e Zecca dello Stato" (State Mint and Polygraphic Institute) and the Privacy Authority. In the specific case, the Privacy Authority, by order dated 21 July 2011, prohibited the Institute to store and categorize ....
Categories: 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 ....
Categories: Case Law
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 ....
Categories: Case Law
With sentence no. 15226 dated 22 July 2016, the Court of Cassation rejected the petition of a female employee seeking to overturn the sentence of the court of Appeals which upheld her dismissal for disciplinary reasons i.e. absenteeism because of her failure to submit a medical certificate. In the account of the employee, she went ....