Publications

Dismissal for a justifiable objective reason is unlawful if the employer does not prove that it has offered the worker lower-level positions, even on a fixed term basis. Before proceeding with a dismissal for a justified objective reason, the employer must demonstrate that he/she has explored all possible solutions to relocate the worker within the ....

In relation to accidents at work, the appointment of a supervisor is not sufficient to avoid the employer’s conviction. This was established by the Italian Court of Cassation, Criminal Section, judgment of 10 June 2024, no. 23049. The Italian Court of Cassation clarified that the employer must exercise reasonable vigilance to prevent the establishment of ....

Following the recent cases that marked a significant moment in the evolution of influencers’ activity, highlighting how crucially important authenticity is between influencers, brands and users, the recent intervention of the Court of Rome is of particular interest. In its judgment no. 2615 of 4 March 2024, the Court expressed its opinion on the classification ....

Recently, the Italian Data Protection Authority (Autorità Garante) has returned to the issue of the use of biometric data in the context of managing employment relationships. “As things stand, current law does not allow the processing of employees’ biometric data for purposes of timekeeping”. This was reiterated by the IDPA in a ruling of 6 ....

In judgment no. 128 of 16 July 2024, the Italian Constitutional Court declared Article 3, paragraphs 1 and 2 of Italian Legislative Decree no 23/2015 to be unconstitutional. The Court made this finding on the basis that the provision does not provide that the mitigated reinstatement protection also applies in cases of dismissal for justified ....