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Case Law

Insights, News

Supreme Court: holidays can be liquidated after a long period of illness (Italia Oggi, December 1, 2012, page 32)

The Court of Cassation, with sentence No. 21028/2012, has stated that the employee who was not able to enjoy the holidays due to a long illness is entitled…

Insights, News

Court of Milan: the new Article 18 of Law No. 300/1970 (so called “Statuto dei Lavoratori”) is not applicable to the employment withdrawals occurred before July 18 (Il Sole 24 Ore, November 22, 2012, page 23)

The labour section of Milan Court, with decision of November 14, 2012, has stated that the new Article 18 of Law No. 300/1970 (so called “Statuto dei Lavoratori”)…

Insights, News

Court of Cassation: oppressive conditions are refundable even without mobbing (Italia Oggi –November 6, 2012 – page 25)

Court of Cassation, labor section, with the sentence no.18927/12, published on November 5, stated that, even if the mobbing claimed by the employee does not exist, the possibility…

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Court of Cassation: limited activities for the employee on sickness leave (Il Sole 24 ore, October 29, 2012, page 48)

Court of Cassation, with the sentence no. 16375/2012, stated the lawfulness of the dismissal of an employee who works, even just for one day, during sickness leave, though…

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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.

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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…

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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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