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Case Law

Insights, News

Court of Cassation Criminal Section.: proxy on hygiene and safety at work with specific assignments (Il Sole 24 Ore, March 25, 2013, page 30)

Court of Cassation, Criminal Section, with sentence no. 11442 of March 11, 2013, stated that the proxy on hygiene and safety at work is effective when the subject…

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Court of Cassation: the dismissal for cash desk abandonment is lawful (Il Sole 24 ore, March 29, 2013, page 21)

Court of Cassation, with sentence no. 7829 of March 28, 2013, confirmed that the bahaviour of a bank’s employee who leaves the cash desk unattended for the coffee…

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COLLECTIVE DISMISSALS: THE AGREEMENT WITH THE UNIONS PROVIDING THE CHOICE CRITERIUM OF IMMINENT RETIREMENT IS LAWFUL (Il Sole 24 Ore, March 18, 2013, page 31)

The Court of Cassation with sentence no. 5143 of March 1, confirmed the statement of sentence no. 12257/2012 according to which the criterium provided by the agreement with…

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Court of Cassation: the employee has not to be always re-qualified (Il Sole 24 Ore, Marzo 19, 2013, page 19)

Court of Cassation, with sentence no. 5963 of March 11, stated that a company that cancels a professional position is not obliged to train the relevant employee for…

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Court of Cassation: timeframe is crucial for downgrading (Il Sole 24 Ore, March 5, 2013, page 18)

Court of Cassation, with sentence no. 4301 of February 21, 2013, stated that the downgrading of the employee for organizational needs, if it is guaranteed in a prevailing…

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Court of Cassation: during the sickness leave the obligations are very strict (Il Sole 24 Ore, March 6, 2013, page 23)

Court of Cassation, labor section, with sentence no. 4559 of February 22, 2013, stated that the termination of an employee who, during the sickness leave, goes hunting with…

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Court of Cassation: limited indemnity in case of temporary work conversion (Il Sole 24 Ore, February 7, 2013)

Court of Cassation, with sentence no. 1148/2013, stated that the maximum threshold of indemnity equal to 12 monthly wages, set by Law no. 183/2010 (so called “Collegato Lavoro”),…

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Court of Cassation: the employee who has sent a medical certificate late cannot be dismissed (Il Sole 24 Ore, January 5, 2013, page 20)

The Court of Cassation, with decision No. 106/2012, has stated that the employee, actually sick, cannot be dismissed only because he did not send the certificate in time,…

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Court of Milan: job position suppressed, no reinstatement (Il Sole 24 Ore, January 6, 2013, page 21)

Court of Milan, with sentence of November 28, 2012, stated that the breach of the obligation of so called repachage makes the dismissal for justified objective reason unlawful,…

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Constitutional Court: rejected the reform on training (Il Sole 24 Ore, 20 December 2012, page 28)

The Constitutional Court, with decision No. 287/2012, has decided that the reform of training provided for by Article 11 of Legislative Decree No. 138/2011 (converted into Law No.…

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