News & Insights

Case Law

Insights

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…

Insights

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…

Insights

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…

Insights

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…

Insights

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…

Insights

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.…

Insights

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…

Insights

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…

Insights

Collective dismissal and end of activity: when the company closes down the notification must still be provided within seven days

The Court of Cassation, with judgement No. 11404 dated 10 May 2017, established that also in the case of collective dismissal due to termination of business, the term…

Insights

On the matter of disciplinary dismissal the provisions of the collective bargaining agreement are binding

The Court of Cassation, with judgement No. 11027 dated 5 May 2017, ruled once again on the subject matter of disciplinary dismissal. In the judgement under review, the…

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