News & Insights

Case Law

Insights, News

Court of Cassation: company documents usable during a Court case

With sentence no. 14305/2016 the Court of Cassation confirmed the unlawfulness of dismissal for disciplinary reasons in the case of an employee dismissed during a dispute over the…

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Court of Cassation: prolonged absence from the new job location does not justify dismissal

The Court of Cassation with judgement No. 13455, filed on 30 June 2016, said the dismissal for prolonged absence imposed on a working mother for failing to comply…

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Dismissal for misconduct is lawful if the out-of-work conduct violates the principles of fairness and good faith

The Court of Cassation judgement No. 13676 of 5 July 2016, confirmed the principle of law already expressed by judgement No. 2550 of 10 February 2015, whereby for…

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Court of Cassation: in the event of dismissal, compensation remains within the limits of what was applied for

The Court of Cassation, with its judgement No. 13876 of 7 July 2016, said that any judge who - in the face of a petition from a claimant,…

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Brescia Court: dismissal of persons who make improper use of a company computer is lawful

With its judgement no. 782 dated 13 June 2016, Brescia Court held the dismissal of an employee who was caught using the company computer during office hours to…

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Court of Cassation: interest and the temporary nature of a service legitimise secondment

With its judgement no. 8068 dated 21 April 2016, the Court of Cassation was called to settle a case law dispute involving the question of secondment in company…

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Busto Arsizio Court: irregular use of a part-time contract implies the transformation thereof

With its judgement no. 224 dated 15 June 2016, Busto Arsizio Court held that the intention of the parties to change the employment relationship from part time to…

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Court of Cassation: the reasons for dismissal must always be stated

With its judgement no. 11595 dated 6 June 2016, the Court of Cassation ruled that in the case of dismissal of public servants who have reached the seniority…

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Court of Cassation: no objective responsibility on injuries

With its judgement no. 12347 dated 15 June 2016, the Court of Cassation held that the civil responsibility of the employer as set forth by article 2087 of…

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Court of Cassation: dismissal and the evidence of the grounds

By way of judgment No. 7558 of 15 April 2016 the Court of Cassation has set forth an important principle on the distribution of the burden of proof…

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