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Case Law

Insights, News

Court of Cassation: file sharing does not justify dismissal (Il Sole 24 Ore, November 27, 2013, page 27)

Court of Cassation, with sentence no. 2639 of November 26, 2013, stated that the dismissal of an employee that set up a program to download music and movies…

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Court of Cassation: recording colleagues grounds dismissal (Il Sole 24 Ore, November 22, 2013, page 35)

Court of Cassation, with sentence no. 26143 filed on November 21, stated that the recording of colleagues’ conversations, unknown to them, is a reason justifying dismissal, though the…

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Court of Cassation: repechage and reorganization of the business activity (Il Sole 24 Ore, November 11, 2013, page 37)

The Court of Cassation, with sentence no. 24259 of October 28, stated that the outsourcing of the most qualified activities of a service, in case of employee’s refusal…

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Court of Cassation: cashier who pockets prizes dismissed (Italia Oggi, November 13, 2013, page 25)

A cashier of the supermarket loses her job because she pockets the prizes for the clients. The dismissal is lawful, confirmed the Supreme Court, labor section, with sentence…

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The transfer of the employee which is not justified is unlawful (Il Sole 24 Ore, October 21, 2013, page 38)

Court of Cassation, with sentence no. 20913 of September 12, 2013, stated that technical, organizational and productive reasons justifying the transfer of the employee must be described in…

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Court of Cassation: new duties only in writing (Il Sole 24 Ore, October 14, 2013, page 41)

Court of Cassation, with sentence no. 21922 of September 25, 2013, rejected the appeal of a company against the decision of the Court of Appeal which stated that…

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Court of Cassation: good behavior and will of refunding the damage save the work place (Il Sole 24 Ore, October 1, 2013 page 29)

Court of cassation, with sentence of September 30, 2013, no. 22321, stated that the ten-year blameless behavior and the will of refunding the damage caused to the employer…

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Court of Cassation: the consent of the employee in case of preliminary investigation is not necessary (Il Sole 24 Ore, September 23, 2013, page 39)

Court of Cassation, with the sentence no. 17204/2013, stated that the employer is exempted from the obligation to obtain the consent of the employee in order to carry…

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Court of Milan: executives’ dismissal to be challenged in 60 days (Il Sole 24 Ore, September 18, 2013, page 24)

 The Court of Milan, with sentence no. 2797 of July 9, 2013, stated that also the executives (so called “dirigenti”) have the burden to challenge the dismissal within…

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INPS: BENEFIT FOR OPEN TERM HIRING OF EMPLOYEES AGED UNDER 30 YEARS OLD (IL SOLE 24 ORE, SEPTEMBER 19, 2013, PAGE 33)

The National Institute for Social Security, with note no. 131/2013, provided the operating instructions for benefiting of the social security incentive stated by the article 1, of Law…

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