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Case Law

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Lawful dismissal only at the presence of violent intentional acts

The Court of Cassation, with judgement No. 20211 published on 7 October 2016, issued its ruling on the matter of dismissal for just cause notified to an employee…

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Disciplinary dismissal: inspections even in the absence of serious suspicions of illness are allowed

The Supreme Court of Cassation with judgement No. 18507 filed on 21 September 2016, intervened again on the sensitive issue of denial of acceptance of the medical certificate…

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A post featuring a gun is not just cause for dismissal

The Court of Bergamo, with judgement No. 684 dated 14 September 2016, ruled unlawful to dismiss an employee for having published a photograph on Facebook depicting the employee…

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Dismissal for poor performance to be linked to subjective and objective parameters

The Court of Cassation, with judgement No. 18317 dated 19 September 2016, intervened on the topic of dismissal for justified subjective reasons based on poor performance. According to…

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Generalized and arranged ex-ante remote supervision: inadmissible evidence

The Court of Cassation, with judgement No. 19922 dated 5 October 2016, confirmed unlawful the dismissal for just cause of an employee in charge of private supervisory activity,…

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Collective dismissal: compensatory indemnity for failure to clarify selection criteria

The Court of Cassation with judgement No. 19320 published on 29 September 2016, stated that concerning a collective dismissal the violation of Article 4, paragraph 9 of Law…

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Court of Cassation: invalidity of the probation clause leads to the application of legislation on dismissal restrictions

The Court of Cassation with judgement No. 17921 dated 12 September 2016 ruled that if a probation clause included in the employment contract is found to be invalid,…

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Dismissal notified in case of refusal of registered letter

The Court of Cassation, with judgement No. 17062 dated 11 August 2016 ruled that notification of dismissal issued by registered letter, even if rejected by the recipient, is…

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False certification of attendance: legitimate dismissal imposed by the ASL

The Court of Cassation, with judgement No. 17637 dated 6 September 2016, stated that regardless of the prerequisite of intentionality in the conduct, the dismissal ordered by the…

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Dismissal for just cause: the immediacy of a disciplinary dispute must be automatically verified by a Judge

The Court of Cassation, with judgement No. 17371 filed on 26 August 2016, confirmed the law principle already confirmed with ruling No. 26655 dated 28 November 2013 according…

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