The right of defence may override the right to data protection
“The use of personal data is not subject to the obligation to inform and obtain the prior consent of the data controller when personal data are collected and…
Case Law
Italian Court of Cassation: second dismissal lawful pending judgment on the first
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…
Liability under Italian Legislative Decree no. 231/2001: obtaining minimal advantage does not exempt the employer
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.…
Dismissal to reduce costs: what does the employer need to prove?
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…
Italian Court of Cassation: assessment of CCNL job descriptions essential for repêchage (obligation to relocate)
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…
Minimum wage and parameter assessment
There is no law in the Italian legal system establishing a legal minimum wage. In fact, the parameters for ‘fair’ pay are defined by the Italian Constitutional Charter.…
Accidents at work resolved through settlement: future damages remain compensable if unforeseeable nature of health deterioration is proven
In its recent Order No. 25603 of 1 September 2023 the Italian Court of Cassation established that a worker who has suffered an accident at work, which is…
Worker who has just exceeded protected period cannot be dismissed
The Court of Appeal of Trento decided with judgment No. 8 of 6 July 2023 that an employer cannot dismiss a worker suffering from an illness that leads…
Job-related illness does not fall within protected period if there has been no specific training
By judgment No. 450 of 13 June 2023, the Court of Appeal of Messina established that if an employer has not trained employees on the specific risks related…
Court of Turin: the right to Naspi in the case of resignation due to transfer
By judgment No. 429 of 27 April 2023, the Court of Turin established that resignation for just cause giving entitlement to the unemployment allowance ‘Naspi’ does not require…