Case Law

Categories: Case Law

The Court of Cassation judgement No. 13676 of 5 July 2016, confirmed the principle of law already expressed by judgement No. 2550 of 10 February 2015, whereby for the purposes of the lawfulness of dismissal for just cause it is not necessary for the worker to have established expressly-prohibited conduct, but rather, it is sufficient ....

Categories: Case Law

The Court of Cassation, with its judgement No. 13876 of 7 July 2016, said that any judge who – in the face of a petition from a claimant, which seeks, as a result of an unlawful dismissal, the sentencing of the employer to pay 6 times the final month’s actual global salary and, however, an ....

Categories: Case Law

With its judgement no. 8068 dated 21 April 2016, the Court of Cassation was called to settle a case law dispute involving the question of secondment in company groups. In this regard, the Judges of the Court start from an argument in order to provide a broad interpretation of the matter in question. Pursuant to ....

Categories: Case Law

With its judgement no. 224 dated 15 June 2016, Busto Arsizio Court held that the intention of the parties to change the employment relationship from part time to full time is implied, if the employee is constantly asked to work a number of working hours equal to or more than those worked by his or ....

Categories: Case Law

With its judgement no. 11595 dated 6 June 2016, the Court of Cassation ruled that in the case of dismissal of public servants who have reached the seniority age limit, the reasons for dismissal must always be given, even if applicable laws do not set forth the obligation to do so. The judgment refers to ....