News & Insights

Case Law

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…

Insights

Collective redundancies: reinstatement is initiated in case of defective communication

In ruling no. 9800 of 25 March 2022, the Court of Cassation ruled that - if the notice referred to in Art. 4, paragraph 9, Law no. 223/1991…

Insights

Dismissal of the unitary union representative body (RSU) delegate without authorisation constitutes anti-union conduct   

The Court of Santa Maria Capua Vetere, by decree under art. 28, Law no. 300/1970, of 24 February 2022, stated that the dismissal of a trade union delegate,…

Subscribe to our newsletter

Resta in contatto con De Luca & Partners

Iscriviti per conoscere le ultime novità e avere un accesso privilegiato alle risorse del nostro studio.