DLP Insights

“Reclassification” of the appeal and partial rejection of claims due to their “meritless” nature

03 Aug 2015

The Milan Court, Labour Section, with an order of 6 May 2014, ruled regarding litigation on appeal as per article 414 of the Italian Code of Civil Procedure concerning sentencing of the employer: a) to the consequences contained in article 18 of the Workers’ Statute for the adopted discriminatory dismissal; b) to pay the salary differences connected with recognition of the higher claimed employment level and, c) alternatively regarding the claim connected to real protection, to payment of the maximum indemnity allowed for application of mandatory protection.
Preliminarily, with the notice of motion, considering the motion to verify the right to reinstatement as per article 18 of the Workers’ Statute, the Court reclassified the appeal as per article 1, paragraph 48, Law 92/2012.
Subsequently, with the order in this comment, the Court, after having denied the allegation of a case of discriminatory dismissal, granting the objections made by the defendant, declared meritless the motion connected with the higher employment level as well as what was proposed as an alternative related to application of the mandatory protection.

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 ....