Case Law

Categories: Case Law

With its judgment No. 3460, published on 16 December 2015, the Court of Milan has ruled, amongst others, on the objection of being statute-barred raised by a company in connection with the request of salary differences of some employees. In particular, the judge of first instance stated that, effective as of 18 July 2012 (date ....

Categories: Case Law

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 ....

Categories: Case Law

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 ....

Categories: Case Law

The Labour Section of the Court of Appeal of Milan, with its first-time ruling n. 218/2013, complied with the most recent case law of legality, which has changed its approach in the light of multiple changes to legislation made due to the effect of EU rights on internal regulations regarding rights to be recognised to the agent in ....

Categories: Case Law

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 ....