News & Insights

Case Law

Insights

Working hours and lunch breaks for part time workers

  With its judgement no. 21562 filed on 3 September 2018 (decision in camera on 13 March 2018), the Court of Cassation examined the issue of breaks at…

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Verbal dismissal: appeal and time limit, a confirmation from the Court of Cassation

With its order 25561 of 12 October 2018, the Court of Cassation handed down its ruling on the time limits by which the dismissal of an individual announced…

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Directors: waiver of remuneration must be specified in the contract

With its order 24139/2018, the Court of Cassation clarified that in order to render the office of a company’s director gratuitous rather than remunerated, a lack of requests…

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Termination of the probation period: cases of lawfulness

With its judgement No. 273 filed on 21 September 2018, the Brescia Court of Appeal has ruled on a few aspects of the probation period. In the case…

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The right to criticize and libel

With its recent judgement no. 21965 dated 10 September 2018, the Court of Cassation once again ruled on the well-known controversial issue of the boundaries between the right…

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Ascertainment of breaches of discipline by private detectives

The Court of Cassation - with judgment no. 21621 filed on 4 September 2018, has ruled that a disciplinary dismissal for circumstances established by a private detective is…

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Correctness and good faith: the criteria to draw a distinction in the event of dismissal for cancellation of the job position

The Court of Cassation, with judgement no. 21438 dated 30 August 2018, ruled again on the subject matter of dismissal for cancellation of the job position. More specifically,…

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Consequences of dismissal after expiry of the term set out in the Collective Bargaining Agreement. Reinstatement

With its judgement no. 21569 dated 3 September 2018, the Court of Cassation ruled on the consequences of disciplinary dismissal after expiry of the term set out in…

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Dismissal for exceeding the sickness period

With its judgement no. 20761/18, the Court of Cassation, Labour Division, returned to rule on dismissal for exceeding the sickness period, confirming its opinion on the potential formal…

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Withdrawal during the trial period: standard protection if the agreement is void

The Court of Cassation, with ruling No. 17358 dated 3 July 2018 has issued another ruling on the dismissal ordered for failure to successfully pass the trial period…

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