Case Law

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 the Milan Court of Appeals, in confirming the decision of the lower court judges considered the application of art. 2119 of the Civil Code to independent contractors to be correct. This is due to the general scope of the principle it is based on, according to which the immediate withdrawal from the ....

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 ....

With its ruling no. 20440 of 12 October 2015, the Court of Cassation declared a dismissal of an employee by an employer lawful, after having ascertained – based on records from a GPS installed on a company car, as well as on the basis of results from investigations, – that the employee left the company ....