News & Insights

Case Law

Insights

Dismissal on exceeding the maximum number of sickness absence days

The Court of Cassation, with judgment No. 284 dated 10 January 2017, intervened on the subject of dismissal on exceeding the maximum number of sickness absence days by…

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Article 18 of the Workers’ Statute, ancillary work and contracts: the decision of the Constitutional Court

On 11 January the Constitutional Court declared its opinion on the admissibility of the three referendums proposed by CGIL, related to (i) Article 18 of the Workers' Statute…

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Dismissal for justified objective grounds cannot be based on the intentional behaviour of an employee

With its judgement no. 23735 dated 22 November 2016, the Court of Cassation once again draws the boundaries between ontologically disciplinary dismissal and dismissal for justified objective grounds.…

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The dismissal of a production manager who verbally assaulted a colleague during a trade union meeting is legal

With its judgement no. 24030 dated 24 November 2016, the Court of Cassation pronounced itself on the subject of dismissal for cause, by quashing with remand a judgement…

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Double dismissal is legal

With its judgement no. 24027 dated 24 November 2016, the Court of Cassation reconfirmed the legal principle pursuant to which, if an employer dismisses an employee for a…

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A manager must agree and confirm its leave with the employer

With its judgement no. 26464 dated 21 December 2016, the Court of Cassation confirmed that a manager must agree and confirm its leave with the employer, if this…

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Milan Court: the appeal is dismissed because the claims are unfounded

With judgement dated 17 October 2017 the Labour Division of Milan Court dismissed the appeal filed by a former employee of one our Clients, who had taken legal…

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The employment requirement must be considered only with respect to the national territory

With ruling no. 19557 dated 30 September 2016, the Supreme Court stated that in the case of a foreign company with a branch office in Italy - in…

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The principle of immutability of the dispute

With judgement no. 22127 dated 2 November 2016, the Supreme Court of Appeal once again pronounced itself on the interpretation of the non ultra petita rule with respect…

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Cameras that may supervise employees cannot be installed

Criminal Division III of the Supreme Court of Appeal, with ruling no. 45198 dated 26 October 2016, first reiterated that in accordance with clause 4 of the Workers'…

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