Case Law

With its ruling no. 10037/15, the Court of Cassation returned to make a decision on the issue of psychological harassment and the relative liability of the employer. The Supreme Court connects the employer’s liability for injury from psychological harassment performed by an employee to a form of negligence due to the fact that no measures were adopted aimed at eliminating the performance of the harassing initiatives.

With its ruling no. 5173 of 16 March 2015, the Cassation Court returned to propose an interpretation, regarding the grounds for dismissal for justified reason which are not expressly contained in the law.

With its ruling no. 18667 of 6 May 2015, the Court of Cassation confirmed that, for the allegation of an illegal contract it is not sufficient to prove that the customer gave orders to the contractor's employees but it is necessary to investigate the contents of such orders and prove that they regard the provision of work actually performed.

Le Tribunal de Milan, Section Travail, par sentence du 13 novembre 2014, a statué dans une affaire intentée par un travailleur qui contestait le licenciement pour motif objectif justifié intimé suite à l’observation d’une inaptitude physique au déroulement des tâches qui lui avaient été confiées, et exigeait la reconnaissance de la part de la Société employant, ....

With its ruling no. 8784 of 30 April 2015, the Cassation Court declared dismissal of a worker for just cause legitimate in the case of a worker who had requested time off to assist a severely disabled mother as per Italian Law 104/1992 and who, in fact, had gone to a dance.