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Case Law

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The procedural guarantees referred to in Art. 7 of the Workers’ Charter are also applied to disciplinary dismissal of a senior executive

With its decision no. 15204 of 20 June 2017, the Court of Cassation intervened in the subject of the disciplinary dismissal of a senior executive without prior application…

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Dismissal via Whatsapp is legitimate

The Catania Employment Tribunal, by referring to a precedent from the Florence Tribunal, issued an order stating that dismissal of an employee via Whatsapp is legitimate. In the…

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Dismissal due to the suppression of a post through a different division of duties is lawful

In its decision no. 14871 of 15 June 2017, the Court of Cassation referred to its own case-law orientation and confirmed that, within the sphere of a dismissal…

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The stability pact, its legitimacy and remuneration

With its decision no. 14457/2017, the Court of Cassation turned over the “double conforming” decision of the lower courts and intervened with regard to the stability pact enclosed…

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Company know-how prevails over the employee’s right of defence

The Court of Cassation, with judgement No. 12804 dated 22 May 2017, stated that a disciplinary measure can be applied to any employee who photocopies material representing company…

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Unlawful dismissal of employees who posted on Facebook comments against their employers

The Court of Cassation, by judgement No. 13799 dated 31 May 2017, intervened in the case of a dismissal for just cause issued against an employee who had…

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Grouping of companies in the case of fraudulent splitting

The Court of Cassation, with judgement No. 14175/2017, stated once again that, for the purpose of calculating the employment demand and verifying the company's reasons for dismissal, a…

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Verbal justifications must always be assessed

The Court of Cassation, with judgement No. 11895/2017, in declaring unlawful the disciplinary dismissal stated that, in the context of a procedure under art. 7 of Law No.…

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Dismissal of an employee who abuses of the internet is lawful

The Court of Cassation, with judgement No. 14862 dated 15 June 2017, declared lawful the disciplinary dismissal (while confirming the conversion performed by the court of appeal from…

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Installation of video cameras requires the union authorization or an administrative permit

The Court of Cassation, criminal division, with judgement No. 22148/2017, ruled once again on the possibility for the employer to install video cameras without implementing the union directive…

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