News & Insights

Case Law

Insights

Lawful dismissal for an employee who sells products of his/her employer on the Internet under a false name

The Labour Division of the Milan Court with judgement no. 4703 dated 20 February 2017, ruled on the appeal pursuant to article 1, paragraph 48 and following of…

Insights

The relationship between a share capital company and its director is not comparable to a subordinate employment relationship or contract work

The Plenary Sitting of the Court of Cassation, with judgement no. 1545 dated 20 January 2017, replied to the question concerning the nature of the relationship between a…

Insights

Dismissal for just cause of an employee consuming corporate goods is lawful independently of the marginal damage suffered by the employer.

The Court of Bologna with judgement no. 149 dated 10 February 2017, declared lawful the dismissal for just cause ordered for an employee who consumed company goods (food…

Insights

Top managers who do not make use of vacation days are not entitled to receive substitutive allowance

The Court of Cassation, with judgement no. 2000 dated 26 January 2017, ruled once again on the right of top managers to obtain substitutive allowance for any accrued…

Insights

Dismissal of an employee who refuses to carry out lower rank tasks, even if he/she is present at the workplace

The Court of Cassation, with judgement no. 1912 dated 25 January 2017, confirmed the decision of the Judges of the Court of Rome, declaring lawful the dismissal for…

Insights

An employer may terminate the union agreement on performance bonus

The Court of Naples, with judgement no. 342 filed on 7 February 2017, ruled that an employer may terminate the company collective agreement concerning the performance bonus provided…

Insights

Timeliness of notification upon full knowledge of the fact

The Court of Cassation, with judgment No. 50 dated 3 January 2017, intervened in the matter of dismissal for cause, clarifying that the timeliness of a disciplinary notice…

Insights

The employer’s decisions in dismissal for justified objective grounds are unquestionable

The Court of Cassation, with judgment No. 25201 dated 7 December 2016, issued a new judgement on the matter of dismissal for justified objective grounds. In particular, the…

Insights

As part of a contract, the burden of proof regarding safety in the workplace must be borne by the customer

The Court of Cassation, with judgment No. 798 dated 13 January 2017, stated that the customer, whenever the work environment remains available to the latter, shall take all…

Insights

Mandatory repêchage in affiliated companies: the burden of proof must be borne by the employer

The Court of Cassation, with judgment No. 160 dated 05 January 2017, issued a new judgement on mandatory repêchage in affiliated companies. In the case under review, an…

Subscribe to our newsletter

Resta in contatto con De Luca & Partners

Iscriviti per conoscere le ultime novità e avere un accesso privilegiato alle risorse del nostro studio.