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Case Law

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Legitimate dismissal for refusal to return to company after illness

The Court of Cassation, with its ruling no. 22819/2021, considered legitimate the dismissal of a worker who refused to return to the company, at the employer’s request, because…

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Company cameras: images that can be used as evidence

The Court of Appeal of Venice, in ruling no. 476 of 28 June, 2021, ruled about remote control, considering video recordings of cameras on company premises to be…

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Dismissal prohibition: dismissal of several executives is null and void

In a 2 July 2021 order, The Court of Milan ruled that, dismissals announced by the same company to six executives, in the same period and based on…

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Administrative liability of entities: interest and advantage in culpable offences

The Court of Cassation, IV Criminal Section, in its ruling no. 22256 of 3 March 2021 (filed on 8 June), ruled on the existence of the requisites of…

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Unlawful collective dismissal for breach of selection criteria: mitigated reinstatement protection

The Court of Cassation, in ruling no. 10992 /2021, stated that if there is an unlawful collective dismissal due to non-compliance with the communication system established by art.…

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The aliunde perceptum (sum earned elsewhere) is not deductible if the activity is compatible with the work performed before the dismissal

The Supreme Court of Cassation, in its Order no. 17051, published on 16 June 2021, stated that if a dismissal is declared unlawful, the aliunde perceptum resulting from…

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Company transfer and demotion

The Court of Cassation, in its ruling of 20 May 2021, no. 13787 established that if a company transfer is declared illegitimate, liability for any resulting employee demotion…

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Waiver of notice period after dismissal does not exclude contribution obligations

The Court of Cassation, in ruling no. 12932/2021, reiterated that the waiver of notice period by the employee and the related substitute allowance, formalised by a settlement agreement…

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Collective dismissal: possibility of limiting the procedure to certain offices only

The Court of Cassation, in its ruling of 6 May 2021, no. 12040, declared that it was legitimate to limit the scope of a collective dismissal procedure to…

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Company Transfer: the transferred employee is subject to the supplementary company bargaining agreement of the transferee and not the transferor

The Court of Cassation, in ruling no. 7221 of 15 March 2021, confirmed the legal principle according to which the Company's supplementary contract, and the right recognised to…

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