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Case Law

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Dismissal of an employee who carries out other activities while on leave referred to in Law no. 104 is lawful

The Court of Cassation, with its judgement No. 29613 dated 11 December 2017, declared lawful the dismissal for just cause ordered to an employee who carried out another…

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No training and administrative liability of the organization

With its judgement No. 53285 dated 23 November 2017, the Court of Cassation confirmed some fundamental principles regarding administrative liability pursuant to Legislative Decree 231/2001 and safety in…

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Dismissal for just cause of an employee who copies company data even if they are not password-protected is lawful

The Court of Cassation, in its judgement No. 25147 dated 24 October 2017, deemed lawful the dismissal for just cause ordered to an employee who downloaded company data…

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When dismissal ordered due to failure to successfully overcome a probation period is lawful

The Court of Brescia, with its judgement dated 3 November 2017, has declared lawful a dismissal ordered to a female employee due to her failure to successfully overcome…

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Travel allowance, 50% taxability rate if fixed

The Court of Cassation, with judgement No. 27093 dated 15 November 2017 issued during a Plenary Sitting, intervened on the matter of travel allowance and related taxability and…

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Validity of a dismissal deriving solely from the reading and justifiability of the employer’s dismissal

The Court of Cassation, with judgement No. 23503 dated 9 October 2017, has ruled valid a dismissal that took place “through reading of the written notification before the…

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No repêchage obligation of collective dismissals

The Court of Appeals of Milan, with judgement No. 131/2017, in confirming the first-degree ruling, stated that in collective dismissals the employer does not have any repêchage obligations.…

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Dismissal is unlawful if subcontracting takes place after two years

The Court of Cassation, with judgement No. 25649 dated 27 October 2017, ruled as unlawful, persecutory and abusive, the dismissal ordered to an employee “for organisational reasons”, due…

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An employer can monitor its employee’s corporate email account

The Court of Cassation, with judgement 26682/2017, ruled as lawful the disciplinary dismissal ordered to an employee who accused of ineptitude and incompetence employees and top management of…

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Imposing the use of vacation leave may be lawful

The Court of Cassation, with judgement No. 27206/2017, has declared lawful the decision of a local health unit (ASL) to impose to one of its managers, close to…

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