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Case Law

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The ethical minimum rule as insurmountable limit of trade union freedom

With its judgment No. 14527 of 6 June 2018, the Court of Cassation has quashed the decision of the Court of Appeal having territorial jurisdiction which, by reversing…

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Unlawful data processing: automatic non-patrimonial damage

With its order No. 14242/2018, the Court of Cassation was requested to rule on the existence of non-patrimonial damage in case of unlawful data processing. In particular, the…

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Lawful investigation activity of the employer, but with limits

With its judgment No. 15094 of 11 June 2018, the Court of Cassation has stated that the controls carried out through an investigation agency (or security guards) may…

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Riders are self-employed professionals

The Court of Turin, with judgement No. 778 dated 11 April 2018, rejected the appeal lodged by 6 riders against a well-known German food delivery company. In this…

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Resigning Agent and lack of just cause

The Court of Appeals of Turin, with judgement dated 22 December 2017 reviewed a case of resignation for just cause presented by an agent of a company in…

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Lawful dismissal for justified objective reasons not based on an economic crisis

The Court of Cassation, with judgement No. 9127 dated 12 April 2018 reviewed the case of dismissal for justified objective reasons not supported by a negative economic trend.…

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Lawful dismissal of those who offend their company on Facebook

The Court of Cassation, with judgement No. 10280 published on 27 April 2018 reviewed the case of a dismissal ordered to an employee who had published disparaging statements…

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The relative nature of the requirement of immediacy in disciplinary proceedings

The Court of Cassation, with judgement No. 7424 dated 26 March 2018 has once again dealt with the matter of immediacy of disciplinary dispute and the timeliness of…

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Carrying out a working activity during one’s leave may be a cause of dismissal

The Court of Cassation, with its judgement No. 6893 of 20 March 2018, declared the dismissal for cause notified to an employee to be lawful, as a result…

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Unlawful dismissal for not having objected a criminal offence to a subordinate

With its judgement No. 8407 lodged on 5 April 2018, the Court of Cassation declared the disciplinary dismissal notified to a female employee unlawful. On two occasions, she…

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