Case Law

With its ruling no. 23609 of 18 November 2015, the Court of Cassation returned to the subject of the selection criteria followed by the employer at the outcome of the personnel layoff procedure. Specifically, the Court reiterated that the employer, when he defines the selection criteria as per article 5 of Law 223/1991 in the ....

With its ruling no. 22627 of 5 November 2015, the Cassation Court confirmed the lower court decision, declaring that, following the introduction of the Collegato Lavoro (Law 183/2010), the statute of limitations and ineffectiveness of the challenge of a dismissal as per article 6 of Law 604/1996 also applies to managers. Basically a manager, like ....

The Court of Justice of the European Union, with sentence no. C-422/14 of 11 November 2015, intervened on two central points of the European directive on collective redundancies (98/59/EC). In this case (i) the calculation criteria for company size which makes the law governing collective redundancies applicable and (ii) the notion of redundancy useful for ....

With its ruling no. 18165 of 16 September 2015, The Court of Cassation recognized an executive position for a credit manager who, despite the lack of formal assignment of such position by top management, performed executive duties. These duties were characterized by the proposal, with broad decision-making powers, to one or more services, which put ....

With its ruling no. 20068 of 7 October 2015, the Cassation Court confirmed that the dies a quo for the start of the 180 days for filing an appeal coincide with the date when a letter is sent by the employee challenging the employer’s dismissal and not the date the employer receives such letter. This ....