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.
Following a report by a group of worker-members of a cooperative, the Data Protection Authority (“Garante”) established the unlawfulness of certain processing operations carried out through the publication of information on the assessment of their work, on the company notice board. As part of a “contest with prizes for worker-members, entitled “Guardiamoci in faccia…soci!” (Let’s ....
In ruling no. 13063 of 26 April 2022, the Court of Cassation extended the scope of application of the reinstatement protection to cases where the contested fact is found to exist and is not among the offences punished by the sector’s collective agreement with a conservative penalty. The Supreme Court extended the scope of the ....
With its order no. 17287 of 27 May 2022, the Court of Cassation considered the dismissal for just cause of the Workers’ Safety Representative (“RLS“) legitimate. The RLS had used union (daily) leave for more than three continuous months, for purposes other than those for which they had been provided and granted, or for personal ....
With its order no. 16975 of 25 May 2022, the Court of Cassation intervened on the single company attribution in employment relationships, outlining the indicators. Facts of the case In a ruling following a complaint under Law no. 92/2012, the local court found that the dismissal of an employee (i.e., the alleged divestiture of the ....