Case Law

In its judgment No. 61496, handed down on 12 January 2016, the European Court of Human Rights considered the dismissal served on an employee who, during working hours, had sent messages to own relatives from the email account given to him for doing his work, thus infringing the internal rules prohibiting the use for private ....

With its judgment No. 203 of 11 January 2016, the Court of Cassation has stated that the 30-day term, provided for under paragraph 5, of article 18 of Law No. 300/1970, to exercise the option right aimed at obtaining the 15 monthly salaries in lieu of the reinstatement in the job, in case of a ....

With its judgment No. 21 of 4 January 2016, the Court of Cassation has stated that the so-called omitted ruling flaw shall be triggered for the judge, also the court of appeal judge, who declares unlawful a dismissal served for cause without the court first checking the feasibility of turning it into a dismissal for ....

With ruling n. 48328/2015 the Court of Appeal, second criminal section, made it clear that the commission of offences cannot be ruled out if the collective absence is covered by medical certificates. In fact, according to the Supreme Court, if there are grounds for suspicion that the protest was based on illegal methods, then criminal ....

With ruling n. 780 of 5 October 2015 confirming the decision of the first instance judge, the Court of Appeal of Milan, Employment Section, declared the legitimacy of dismissal for exceeding the protected period notified to a worker after more than one year from the expiry of the protected period itself and after a period ....