Publications

With sentence 15763 of 7 June 2021, the Court of Cassation dealt once again with the issue of the time spent by employees to put on or take off their uniform. In the case in question, the Court of Appeal of Rome, reforming the first instance sentence, rejected the request made by the employees of ....

With the recent ruling no. 15118 of 31 May 2021, the Court of Cassation ruled that the initiation of multiple individual dismissal procedures for objective justified reasons under Article 7 of Law 604/66 does not count when calculating the minimum number of five dismissals required to open collective dismissal procedures. The ruling stems from the ....

In its judgment 15465 of 3 June 2021, the Employment Chambers of the Court of Cassation ruled once again on the peculiarities of dismissal for just cause imposed on an employee carrying out other work during sick leave. In particular, a disciplinary dismissal was ordered against a civil servant who, following a personal accident and ....

Dismissal justified by the outsourcing of the duties assigned to an employee must be considered retaliatory if, in actual fact, the job is not outsourced and the employee’s dismissal is due to the employee’s refusal to enter into a novation agreement with the company that changes the employee’s classification level and reduces his/her salary. This ....

In cases of dismissal for justified objective reason, the Judge’s verification of the “manifest lack of the fact“ requirement underlying the dismissal, from which the possibility of employee reinstatement derives, must cover the technical, production and organisational needs stated by the Company, and the possibility of relocating the employee elsewhere within the company organisation.   ....