Case Law

Categories: Press review | Tag: Court of Cassation, Contenzioso del lavoro, periodo di comporto, protected period

By order No 11136 of 27 April 2023, the Italian Court of Cassation ruled on the subject of dismissal for exceeding the job retention period. The Court held that absences due to injury caused to the employee by things in the employer’s custody must be included in the protected period, if the employer is able ....

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Categories: Press review

De Luca & Partners continue to reinforce the Firm’s governance Milan, 15 May 2023 – De Luca & Partners – employment law firm announces the appointment of Valentino Biasi as a Salary Partner of the Firm. The appointment is part of the reinforcement of the Firm’s governance process that De Luca & Partners has been ....

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Categories: Press review | Tag: condotta antisindacale, anti-union conduct, Riders

The Court was called upon to rule on several issues, including the refusal by a well-known food delivery company to communicate to the plaintiff trade unions the information required by Art. 1-bis of Legislative Decree of 26 May 1997 introduced by the Transparency Decree and requested by specific communication, dated 22 December 2022 It is ....

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Categories: Press review | Tag: Labour litigation, labour law

By Order of 6 April 2023, No 9453, the Italian Court of Cassation ruled on the subject of dismissal for poor performance. The Court clarified that this type of dismissal falls within the scope of dismissals for justified subjective reasons resulting from a significant breach by the worker of his/her contractual obligations. In this context, ....

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Categories: Press review | Tag: Demotion, Court of Cassation, Corte di Cassazione, Demansionamento

The applicability of an exemption regime requires the taxpayer to provide rigorous proof of fulfilment of all factual prerequisites giving rise to compensatory damages. The Court of Cassation, Tax Division, by Order No 8615 of 27 March 2023 returned to examine the complex subject of the taxation regime applicable to the compensation due in connection ....

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