News & Insights

Case Law

Insights

Cassation Court 7 August 2015: the worker and refusal to work on midweek holidays

With its ruling 16592 of 7 August 2015, the Cassation Court declared disciplinary sanction null, specifically a fine, imposed by a clothing company on a salesperson who did…

Insights

Cassation Court 1 September 2015: succession of contracts and illegality of probation period

With its ruling no. 17371 of 1 September 2015, the Cassation Court established that a probation period cannot be included in the employment contract, if the hired employee…

Insights

European Court of Justice: for workers with no habitual place of work, the home – customer journey is considered working time

The European Union Court of Justice – asked to rule on the EU directive no. 2003/88 concerning working time – established with its decision on 10 September 2015…

Insights

“Reclassification” of the appeal and partial rejection of claims due to their “meritless” nature

The Milan Court, Labour Section, with an order of 6 May 2014, ruled regarding litigation on appeal as per article 414 of the Italian Code of Civil Procedure…

Insights

Onus of proof for salary differences and higher employment category

The Milan Court, Labour Section, with the ruling no. 862/2015, rejected the appeal submitted by a former employee of a Company we represent, who had applied to the…

Insights

Compromising relationships with customers justifies dismissal

The Milan Court, Labour Section, with a ruling of 30 April 2015 made a decision in a proceeding started by a manager who challenged a dismissal for just…

Insights

Compensation for damages not due to an employee who cannot prove a causal relationship between a pathology and an occupational accident

The Milan Court, Labour Section, with a ruling of 13 November 2014, made a decision in a proceeding started by a worker who challenged a dismissal for objective…

Insights

Dismissal is legal if a position has been eliminated and in the absence of job duties compatible with the employee’s physical limitations

The Labour Court of Lodi confirmed that it is legal to dismiss a worker due to the elimination of the department and tasks to which the worker was…

Insights

Court of Cassation: Employers bound by obligations of supervision (Il Sole 24 Ore, 13 November 2014, p. 47)

In Judgment No. 46820, entered last 12 November, the Court of Cassation held that obligations of supervision and control imposed on employers are not diminished with the appointment…

Insights

Cassation: The principle of ne bis in idem also applies to disciplinary proceedings (Il Sole 24 Ore, 23 October 2014, p. 49)

In its Judgment No. 22388 of 22 October 2014, the Court of Cassation held that the principle under which no legal action can be instituted twice for the…

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