Case Law

Court of Cassation, with sentence no. 4272/2011, states that in order to obtain the declaration of nullity of a claim due to the lack of specification of the claim object or to the lack of specification of facts and de jure reasons, the precise individuation of the plaintiff’s claim through the assess of the claim, which is carried out by the judge, has to be impossible so that the defendant would not be able to perform an adequate defense.

Court of Cassation (sentence no. 23933/2010) and Ministry of Labor (note no. 1, February 2, 2011) clarified some terms and conditions of secondment, regulated by Article 30, Legislative Decree no. 276/2003.

Court of Cassation stated that, in case of dismissal for just cause, employer has to prove that the employee’s behaviour has damaged the trust beneath the employment relationship, in order to legitimate the measure.

Supreme Court – disregarding its previous guideline based on art. 18 Law no. 300/70 – with sentence no. 1244/2011, stated that employer who already dismissed an employee for just cause or justified ground, may communicate to the same employee a second dismissal, provided that the last one is due to different cause or ground.

The Court of Cassation decided that it is forbidden to modify “in progress” the selection criteria concerning the workers to be suspended for “Cassa Integrazione Guadagni Straordinaria”.