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Case Law

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Disciplinary dismissal and provision thereof in the applicable CCNL (National Collective Bargaining Agreement)

With its judgement no. 21062 of 11 September 2017, the Court of Cassation has delivered an opinion on the issue of just cause for dismissal previously confirmed by…

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The expiry of the limitation period of wage claims after the Fornero law

With its judgement no. 1091/2017, the Court of Milan has ruled again on the expiry of the limitation period of wage claims, in light of the modifications introduced…

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Monitoring of company email messages: European parameters

The Grand Chamber of the European Court of Human Rights, with its judgement no. 61496/08, lodged on 5 September 2017 in the case of Barbulescu vs Romania, condemned…

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Five-year statute of limitations on contributions credit

The Court of Lodi, with judgement No. 99 filed on 6 July 2017, verified that the statute of limitations applied to a credit on a tax payment notice.…

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Specificity, immediacy and immutability: the three fundamental requirements for disciplinary objection

The Court of Cassation, with judgement No. 19103 dated 1 August 2017, confirmed the unlawfulness of disciplinary dismissal ordered to an employee responsible for having provided confidential information…

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The objective nature of discriminatory dismissal and the subjective nature of retaliatory dismissal

The Court of Cassation, with judgement No. 14456 dated 9 June 2017, has intervened again on the distinction between discriminatory dismissal and retaliatory dismissal. The Court, intervening on…

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The right to higher tasks must be verified from a quality standpoint

The Court of Cassation, with judgement No. 19725 dated 8 August 2017, confirmed the principle according to which in the presence of mixed tasks, the analysis aimed at…

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It is lawful to dismiss an employee for profit reasons, even if there is no [financial] crisis situation

The Court of Cassation, with judgement No. 19655 dated 10 August 2017, has confirmed the choice of an employer to dismiss one of its employees in order to…

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Disciplinary dismissal is lawful only if there is proportionality

The Court of Cassation, with judgement No. 20130 dated 17 August 2017, has once again voiced its opinion on the proportionality of the disciplinary sanction against an employee…

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Dismissal of an employee for breach of company practice is lawful

The Bologna Employment Tribunal, with its decision no. 734 of 7 July 2017 under Art. 1 of Italian Law no. 92/201, confirmed the order issued during the summary…

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