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Case Law

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CASSATION COURT: WRONGFUL DISCIPLINARY DISMISSALS (IL SOLE 24 ORE, 8 JANUARY 2015, PAGE 45)

With its ruling no. 15 of 7 January 2015, the Cassation Court declared wrongful and thus illegal dismissal of a worker, who benefitted from employer accommodations at extremely…

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CASSATION: MEETINGS WITH SUPERIORS CAN BE RECORDED (IL SOLE 24 ORE, 30 DECEMBER 2014, PAGE 35)

An employee may record a conversation with his superior for the purposes of using it in a civil case. With ruling no. 27424/14, the Cassation Court upheld the…

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CASSATION: CONFIDENTIAL DOCUMENTS MAY BE SUBMITTED IN COURT CASES (IL SOLE 24 ORE, 11 DECEMBER 2014, PAGE 47)

With its ruling no. 25682 of 28 October 2014, the Cassation Court established that it is illegal to dismiss a worker for having submitted company documents considered confidential…

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CASSATION COURT: INVESTIGATIONS AIMED AT PROTECTING COMPANY ASSETS ARE LEGAL (IL SOLE 24 ORE, 9 DECEMBER 2014, PAGE 42)

With ruling no. 25674 of 9 October 2014, filed on 4 December 2014, the Cassation Court once again intervened on the issue of control performed by employers using…

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Court of Cassation: Reinstatement of a dismissal voided for failure to observe the respite period (Il Sole 24 Ore, 19 November 2014, p. 45)

In Judgment No. 24525/2014, the Court of Cassation held that it is permissible to reinstate a dismissal voided for failure to observe the respite period by issuing a…

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Court of Cassation: Employers bound by obligations of supervision (Il Sole 24 Ore, 13 November 2014, p. 47)

In Judgment No. 46820, entered last 12 November, the Court of Cassation held that obligations of supervision and control imposed on employers are not diminished with the appointment…

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Court of Rome: Second chance only with permanent contract (Il Sole 24 Ore, 5 November 2014, p. 40)

In a ruling of 27 October 2014, the Court of Rome affirmed that the obligation to give a second change to employees dismissed for objectively justified reasons is…

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Court of Cassation: Discriminatory redundancy subject to civil penalties (Il Sole 24 Ore, p. 44, 30 October 2014)

In its Judgment No. 19665 of 18 September 2014, the Court of Cassation, sitting in plenary session, resolved the conflict in case law concerning the obligation to pay…

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Cassation: The principle of ne bis in idem also applies to disciplinary proceedings (Il Sole 24 Ore, 23 October 2014, p. 49)

In its Judgment No. 22388 of 22 October 2014, the Court of Cassation held that the principle under which no legal action can be instituted twice for the…

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Court of Cassation: Qualification as manager only if fully autonomous (Il Sole 24 Ore, 10 October 2014, p. 48)

In its Judgment No. 20949 of 3 October 2014, the Supreme Court of Cassation dismissed an appeal brought by a worker who sought classification as a manager, together…

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