Case Law

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”.

The Court of Busto Arsizio, with sentence no. 528/2010, applied for the first time the provision of Law no. 183/2010 (so called “Collegato Lavoro”) that states, in case of conversion of a fixed-term contract – because of formal and substantial unlawfulness – the sentence of the employer to compensate the employee with “an all-comprehensive indemnity ranging from a minimum of 2,5 to a maximum of 12 monthly wages”.

Court of Cassation states that the employer who enters into an agreement according to which the employees are entitled to a bonus, may not withdrawal one-sidedness from it.