Case Law

The Court of Cassation with judgement No. 13455, filed on 30 June 2016, said the dismissal for prolonged absence imposed on a working mother for failing to comply with her employer’s order to resume service at a business unit located in a different municipality from the one where the woman worked at the time of ....

The Court of Cassation judgement No. 13676 of 5 July 2016, confirmed the principle of law already expressed by judgement No. 2550 of 10 February 2015, whereby for the purposes of the lawfulness of dismissal for just cause it is not necessary for the worker to have established expressly-prohibited conduct, but rather, it is sufficient ....

The Court of Cassation, with its judgement No. 13876 of 7 July 2016, said that any judge who – in the face of a petition from a claimant, which seeks, as a result of an unlawful dismissal, the sentencing of the employer to pay 6 times the final month’s actual global salary and, however, an ....

Le Tribunal de Milan, section spécialisée en droit du travail, a déclaré légal le licenciement pour juste cause qu’une société cliente a notifié à un opérateur de fonderie (i) pour s’être opposé aux indications du contremaître et du directeur d’usine en leur adressant des propos offensifs ; (ii) dans un autre registre indépendant du premier, ....

With its judgement no. 782 dated 13 June 2016, Brescia Court held the dismissal of an employee who was caught using the company computer during office hours to access social networks, games, music and other activities unrelated to her work to be legitimate. The Court considered the behaviour of the employee to be undoubtedly serious ....