News & Insights

Case Law

Insights

Dismissal of an employee is legal even if other employees were not punished in similar situations

In its order no. 22115 of 13 July 2022, the Court of Cassation stated that the Court's assessment of similar situations for evaluating unreasonable inequality can only be…

Insights

Unlawful dismissal in companies with less than 15 employees: compensation should be changed

In its ruling no. 183 filed on 22 July 2022, the Constitutional Court called on Parliament to amend Art. 9 of Italian Legislative Decree 23/2015 which covered the…

Insights

Law 104: vacancy is not a worker’s absolute and unlimited subjective right

In ruling no. 20523 of 27 June 2022, the Court of Cassation stated that “the right to choose the office closest to the home of the disabled person…

Insights

Unlawful dismissal: compensation to be calculated over the dismissal period

In its order no. 20313 of 23 June 2022, the Court of Cassation stated that the compensation due to the worker unlawfully dismissed must be based on the…

Insights

Publishing employee assessments on the company notice board is considered unlawful data processing

Following a report by a group of worker-members of a cooperative, the Data Protection Authority (“Garante”) established the unlawfulness of certain processing operations carried out through the publication…

Insights

The Supreme Court and the progressive and constant extension of the reinstatement protection

In ruling no. 13063 of 26 April 2022, the Court of Cassation extended the scope of application of the reinstatement protection to cases where the contested fact is…

Insights

Legitimate dismissal of Workers’ Safety Representative (RLS) found to be using daily trade union leave for private purposes

With its order no. 17287 of 27 May 2022, the Court of Cassation considered the dismissal for just cause of the Workers' Safety Representative ("RLS") legitimate. The RLS…

Insights

Indicators of the single company attribution in labour relations

With its order no. 16975 of 25 May 2022, the Court of Cassation intervened on the single company attribution in employment relationships, outlining the indicators. Facts of the…

Insights

Settlement report: challengeable if signed with a union other than the employee’s union

The Court of Bari, in its 6 April 2022 ruling, stated that the conciliation at the trade union under art. 411, third paragraph of the code of civil…

Insights

Collective dismissal and single company attribution in the employment relationship

In ruling no. 11638 dated 11 April 2022, the Court of Cassation established that the single company attribution in the employment relationship implies that the verification of the…

Subscribe to our newsletter

Stay in touch with De Luca & Partners

Sign up to receive the latest news and gain privileged access to our studio's resources.