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Case Law

Insights, News

Constitutional Court: the compulsory mediation is unconstitutional (Il Sole 24 Ore, October 20, 2012, page 2)

Constitutional Court stated the constitutional unlawfulness, due to an excess of legislative delegation, of the part of Legislative Decree no. 28/2010 concerning the compulsoriness of the mediation.

Insights, News

Court of Cassation: safety on work, just the check may save the employer (Il Sole 24 Ore, October 8, 2012, page 38)

Court of Cassation, with sentence no. 34747, filed on September 11, stated that the employer is not liable in case of employees’ work accident, just if he/she exactly…

Insights, News

Court of Cassation: the employer may not monitor the calls of the call center operator (Il Sole 24 Ore, October 2, 2012, page 26)

The Court of Cassation, labor section, with the sentence no. 16622/2012, stated that the dismissal of a call center operator for road service is unlawful because the employer…

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Cassation: paid leaves to the father of a disabled son even if the mother is a housewife (Il Sole 24 Ore, September 28, 2012, page 13)

The Court of Cassation, Labour Section, with sentence No. 16460/2012, has granted the paid leave of three days to the father of a disabled son even if the…

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Cassation: for damages refund the day when the indemnity in lieu of re-hiring has been paid has to be considered (Italia Oggi, September 18, 2012, page 24)

In case of dismissal declared unlawful damages refund for the dismissed employee has to be adapted to the number of salaries which should have been accrued until the…

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Court of Cassation: clarification on the adoption of precautionary measures provided for by Legislative Decree No. 231/2001 (Il Sole 24 Ore, September 11, 2012, page 19)

The Sixth Section of the Supreme Court, with sentence No. 34505, clarified that both the interdicted measures and the real ones provided for by the Legislative Decree No.…

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Supreme Court on videosurvellance (Il Sole 24 Ore, August 20, 2012, page 27)

Supreme Court with sentence no. 22611 of June 11 has stated that employees’ videosurveillance after their express approval for video cameras installation is not a crime, also without…

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Supreme Court: the temporary replacement of employees on strike with other employees does not represent an anti-union behavior (Il Sole 24 Ore, August 7, 2012, page 18)

The Supreme Court, with sentence no. 14157/2012, stated that the employer’s decision to substitute employees on strike with employees not on strike or belonging to divisions not interested…

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Supreme Court: body search is possible on employees but not on their personal tools (Il Sole 24 Ore, Augusto 8, 2012 page 19)

Supreme Court, with sentence no. 14197 of August 7, 2012 has established that companies can use private investigators in order to verify if employees commit a crime and…

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Court of Cassation: the employee may refuse to execute the working activity if the transfer measure is not motivated (Il Sole 24 Ore, July 23, 2012, page 30)

The Court of Cassation, with sentence No. 4709/2012, stated that the employee may refuse to execute his/her working activity if the transfer measure is not properly motivated. In…

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