Publications

Categories: Publications | Tag: GDPR, Metadata

With order no. 364 of 6 June 2024 called “Computer programs and services for the management of e-mail in the workplace and metadata processing”, the IDPA has returned to the topic of company e-mail metadata retention. What is “metadata”?  “Metadata” does not mean information contained in the “body” of the email but rather the information ....

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Categories: Publications | Tag: mobbing, Dismissal

With judgment no. 7190 of 18 March 2024, the Italian Court of Cassation addressed the issue of the validity of a resignation submitted by an employee under threat of dismissal by the employer. The employee initiated legal proceedings to have his resignation declared null and, in the alternative, void and to obtain a finding that ....

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Categories: Publications | Tag: Dismissal for just cause, GDPR, Privacy

The Italian Data Protection Authority (‘IDPA’), with a Ruling of 7 March 2024 [announced in the Newsletter of 3 May 2024] upheld a complaint filed by a worker who had asked her former employer company for access to her personal file to find out what information could have given rise to a disciplinary sanction against ....

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Categories: Publications | Tag: Dismissal, Court of Cassation, Licenziamento, Corte di Cassazione

By order no. 10663 of 19 April 2024, the Italian Court of Cassation stated that the employer bears the burden of proof in proving that remuneration has been properly paid. The facts of the case The worker filed an application for summary judgment to obtain an order against the company to pay the amount indicated ....

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Categories: Publications | Tag: Dismissal, Licenziamento, Conciliation agreement, offerta di conciliazione

Conciliation agreements negotiated with the help of a union cannot be validly concluded at the company’s headquarters. This is because company headquarters do not fall within “protected locations” (sedi protette) which are neutral and guarantee, together with the assistance provided by the union representative, that the worker is free to make his or her own ....

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