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Case Law

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Dismissal: the disciplinary code is not required for conduct that is manifestly contrary to workers’ duties

With the recent judgment No. 20284 of 14 July 2023, the Italian Court of Cassation ruled that, even though not specifically provided for in the disciplinary code, breaches…

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Italian Court of Cassation: failure by Health and Safety Officer (Responsabile Servizio Prevenzione e Protezione, ‘RSPP’) to carry out activities does not exempt employer from criminal liability

On 18 May 2023, the Italian Court of Cassation, criminal division, judgment no. 21153,ruled that ‘risk assessment is a specific function of the employer, which cannot be delegated…

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Disciplinary dismissal after deadline set by National Collective Bargaining Agreement (Contratto Collettivo Nazionale di Lavoro, ‘CCNL’): reduced compensation due to mere procedural defect

The Italian Court of Cassation, in its recent judgment no. 10802 of 21 April 2023, ruled once again on the timeliness of the communication of the dismissal, ruling…

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Fixed-term contracts: exceeding of limits can also be assessed when time has expired

Despite the failure to challenge previous agreements and the loss of the worker’s ability to challenge these agreements, exceeding the maximum limits permitted for fixed-term contracts can render…

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Pseudonymised data: Court of Justice of the European Union rules against European Data Protection Supervisor

In judgment of 26 April 2023 (case T-557/20), the Court of Justice of the European Union (‘CJEU’) ruled that pseudonymised data transmitted to a recipient who does not…

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Refusal to work part-time: when is dismissal lawful for justified objective reason?

With order No 12244 of 9 May 2023, the Italian Supreme Court of Cassation confirmed that if an employee refuses to go from full-time to part-time, he/she may…

Insights, News

Italian Court of Cassation: if there is no employer liability, absences due to accidents are counted in the protected period (periodo di comporto)

By order No 11136 of 27 April 2023, the Italian Court of Cassation ruled on the subject of dismissal for exceeding the job retention period. The Court held…

Insights, News

Italian Court of Cassation: employer’s repêchage obligation (obligation to relocate) – necessary to evaluate also positions that will become available in period close to dismissal

By judgment No 12132 of 8 May 2023, the Italian Court of Cassation ruled on the subject of dismissal for justified objective reason. The Court specified that in…

Insights, News

Violation of the Transparency Decree on the matter of automated tools entails anti-union conduct also if it concerns riders (Norme & Tributi Plus Diritto of Il Sole 24 Ore, 5 May 2023 – Alberto De Luca, Luigi Picciarelli)

The Court was called upon to rule on several issues, including the refusal by a well-known food delivery company to communicate to the plaintiff trade unions the information…

Insights, News

Italian Court of Cassation: Dismissal for poor performance, proof of significant breach of duty required

By Order of 6 April 2023, No 9453, the Italian Court of Cassation ruled on the subject of dismissal for poor performance. The Court clarified that this type…

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