Case Law

With its ruling no. 3486/2015, the Cassation Court established that if a company is sentenced to reinstate a worker due to wrongful dismissal, the months pay that the worker would have received if he had accepted the company’s offer of a new job, are subtracted from the total compensation for damages owed to the worker (calculated as wages lost from the day of dismissal until the day of reinstatement).

La Chambre du Travail du Tribunal de Milan a rejeté le recours présenté par un ancien salarié d’une société cliente de notre cabinet, qui s’était adressé au Tribunal afin que soit reconnue l’illégitimité de son licenciement pour dépassement de la période de congé maladie, déplorant que l’infirmité dont il était atteint avait été provoquée et ....

The Cassation Court, with its ruling no. 6631/2015 of 1 April 2015, confirmed that an office environment which is too cold justified the workers refusal to work, and in such cases the workers do not lose their right to pay.

The Court of Cassation, with its decision no. 4991/2015, recognized the autonomy of the parties to set the duration of notice.

The Court of Cassation, with its decision no. 4757 of 10 March 2015, established that dismissal due to a worker being unfit to perform his job is unlawful if, on one hand, the dismissal is justified solely by a competent doctor and not also by a local health commission and, on the other, the employer has not proven the impossibility of assigning the employee to other tasks within the company.