The Court of Cassation, in its recent Order No 3361 of 3 February 2023, reiterated its consistent approach concerning the allocation of the burden of proof in anti-discrimination…
Poor performance consists of a failure by an employee to fulfil their principal obligation, i.e. to perform their work, and is, according to the majority legal opinion, a…
With the recent order No 1584 of 19 January 2023, the Italian Court of Cassation addressed dismissal for ‘poor performance’, stating that conduct that had previously been the…
On 24 January 2023, the Personal Data Protection Authority (the "Authority") gave the first interpretative and operative indications on the processing by employers of employees’ personal data using…
The order under comment confirms the Supreme Court case law which differentiates the deadlinesapplicable to the actions carried out by employees under procurement contract and those governingcontribution recovery…
To verify the existence of just cause or justified subjective reason for dismissal, the fact that a contractual breach similar to that contested against the dismissed employee, committed…
In its order no.88 of 3 January 2023, the Supreme Court of Cassation explained the delicateseparation between just cause and justifiability in manager dismissals. The Supreme Court held…
De Luca & Partners launches a new task force supporting companies grappling with the Whistleblowing legislative decree, which requires employers to implement a system of protection and safeguards…
By judgement no. 15644 of 23 November 2022, the Administrative Court of Lazio clarified, among other things, that the employer is the only person entitled to install audiovisual…
As only geolocation data referring to kilometres travelled were considered, the interference in the applicant’s privacy was limited and proportional to the intended purpose. Dismissal by an employer…