The Court of Cassation, with sentence no. 11250/2010, pointed out that the posting of the disciplinary code has to be considered a basic requirement only for the lawfulness of dismissals exclusively related to violations of directions corresponding to a specific need of the company. At the same time, the Court specified that the posting has not to be considered compulsory should a dismissal be connected to violations of duties set forth by law or arising from the common ethic background of any honest person, or, again, refer to breaches of general obligations deriving from an employment relationship.
The Court of Appeal of Trento decided with judgment No. 8 of 6 July 2023 that an employer cannot dismiss a worker suffering from an illness that leads to a disability immediately after exceeding the protected period, but must make reasonable arrangements for the preservation of the job, in compliance with the principles of good ....
By judgment No. 450 of 13 June 2023, the Court of Appeal of Messina established that if an employer has not trained employees on the specific risks related to the tasks for which they are employed, sick days attributable to harmful working conditions do not count towards the protected period. This applies even if the ....
By judgment No. 429 of 27 April 2023, the Court of Turin established that resignation for just cause giving entitlement to the unemployment allowance ‘Naspi’ does not require the worker to prove that the transfer was unjustified if the new place of work is more than 50 km away from his/her residence. The facts of ....
With the recent judgment No. 20284 of 14 July 2023, the Italian Court of Cassation ruled that, even though not specifically provided for in the disciplinary code, breaches by the employee of the fundamental duties underlying the employment relationship are valid grounds for dismissal. The facts of the case An employee working as a Level ....