Case Law

By way of judgment No. 9467/2016 the Court of Cassation has stated that the dismissal for justified objective grounds is lawful if the employer gives “evidence as to both the fact that the dismissal may be specifically referred to initiatives related to actual productive and organisational reasons, and as to the impossibility to use the ....

By way of judgment No. 10069/2016 the Court of Cassation has stated the principle pursuant to which “the employer has the power, but not the obligation, to continuously and regularly control its own employees”. In the case at issue and by reversing the decisions of the judges ruling on the merits, the Court of Cassation ....

By judgment no. 6775 of 7 April 2016, the Court of Cassation has asserted the right of workers to access their personal records, containing the documents and acts relative to the professional pathway and career advancement whilst in employment. In this case, a woman had repeatedly asked her employer to access, pursuant to Article 13 ....

The Court of Cassation, IV Criminal Section, by judgment no. 12683 of 29 March 2016, has ruled that an employer is responsible for any injury caused by inexperience, negligence or imprudence of workers, except in case of absolute irrationality of the behaviour of the latter. In the case at hand, a worker fell disastrously on ....

By judgment no. 6265, published on 31 March 2016, the Court of Cassation has sanctioned the principle whereby an employee refusing to transfer may be considered as resigning from employment. In the case in question, the worker had contested the legitimacy of the employer’s order to transfer to another production unit, and refused to comply. ....