Case Law

In intervening on remote controls of company personal computers, the Court of Cassation determined that it is forbidden to install software on said computers that allows controlling accesses to the network of employees and, in general, that are able to perform verification not agreed to with the trade unions and Provincial Labour Office.

The Preliminary Investigation Magistrate of Milan for the first time excluded objective responsibility of a company charged with the crime of IT market rigging (art. 2637 of the Civil Code), having considered the organizational model adopted complying with Leg. Decree 231/01.

Case law intepretation focuses on administrative liability of legal entities.

The Court of Cassation has clarified that dismissal of a disabled person working when there are jobs in the company which are compatible with his/her disablement, even if covered by other employees, is unfair.

The Employment Court of Milan has acknowledged the lawfulness of a dismissal for cause based on the instrumental and incorrect use of the sick leave certificate.