DLP Insights

Court of Cassation: the employer may not monitor the calls of the call center operator (Il Sole 24 Ore, October 2, 2012, page 26)

05 Oct 2012

The Court of Cassation, labor section, with the sentence no. 16622/2012, stated that the dismissal of a call center operator for road service is unlawful because the employer may not monitor his/her calls. In the case at issue, the sanction was imposed because, through a software which allows the detention of the calls, the company discovered that the operator dealt not many time with users and made many private calls. The Supreme Court specified that the prohibition of the remote control, disciplined by art. 4 of the Law 300/70, prevents the use of a program which controls the calls without a screen to make the employee unrecognizable, even if in the case of consent given by the company trade representatives.

Italian Court of Cassation: second dismissal lawful pending judgment on the first

30 Jan 2024

In its very recent judgment no. 2274 of 23 January 2024, the Italian Court of Cassation ruled that it is lawful for an employer to give notice of a second dismissal pending a judgment concerning a previous dismissal based on different grounds. However, the second dismissal has no effect if the first dismissal is declared ....

Liability under Italian Legislative Decree no. 231/2001: obtaining minimal advantage does not exempt the employer

29 Dec 2023

With judgment no. 39129 of 26 September 2023, the Italian Court of Cassation, Third Criminal Division addressed the issue of corporate administrative liability under Italian Legislative Decree no. 231/2001, stating that “corporate administrative liability is not excluded in the light of the minimal advantage or the insignificance of the interest pursued.” The facts of the ....

Dismissal to reduce costs: what does the employer need to prove?

29 Dec 2023

With Order no. 31660 of 14 November 2023, the Italian Court of Cassation ruled that, when dismissal for justified objective reason (giustificato motivo oggettivo, ‘GMO’) is to reduce costs, the burden is on the employer to indicate the reasons why the particular worker has been chosen. The facts of the case The employee appealed the ....

Italian Court of Cassation: assessment of CCNL job descriptions essential for repêchage (obligation to relocate)

28 Nov 2023

By Order of 13 November 2023, no. 31561, the Italian Court of Cassation ruled that, to fully comply with the repêchage obligation (obligation to relocate), it is necessary to assess whether hires made following the termination for justified objective reasons are of the same level of classification as the dismissed employee. The facts of the ....