News & Insights

Case Law

Insights

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…

Insights

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…

Insights

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…

Insights

Incompleteness of the notice of commencement of the collective dismissal procedure: unlawful dismissal

With its judgement No. 6792 of 21 March 2018, the Court of Cassation dealt with the completeness of the notice of commencement of the collective dismissal procedure under…

Insights

The right to have access to the records throughout the disciplinary procedure

With its judgement No. 7581 of 27 March 2018, the Court of Cassation has once again dealt with the delicate subject of the so-called right to have access…

Insights

The Collective agreement’s lists about “just cause” are no-exhaustive

The Supreme Court (judgement no. 6608/2018) stated that the typing of just cause for dismissal listed in the collective agreements are as an example and are not necessarily…

Insights

Substitute allowance in place of the prior notice: penalties and interests

The Court of Cassation, with judgement no. 4211 filed on 21 February 2018, passed a ruling in regard to an opposition against a payment injunction. In the specific…

Insights

Electronic signature required in case of dismissal based on email correspondence

The Court of Cassation with judgement no. 5523 filed on 8 March 2018, has dealt inter alia with the issue of the validity of a dismissal for just…

Insights

The dismissal for just cause imposed for retaliation purposes is invalid

The Court of Cassation, with judgement of 1 March 2018 no. 4883, declared that a dismissal for just cause imposed on a worker because he had faked ill…

Insights

The employer’s unilateral withdrawal from a second-level agreement is legitimate

In Judgment no. 98 of 7 February 2018, the Court of Frosinone rejected the appeal filed by a worker, who had resigned, against his former employer. More specifically,…

Subscribe to our newsletter

Stay in touch with De Luca & Partners

Sign up to receive the latest news and gain privileged access to our studio's resources.