News & Insights

Case Law

Insights, News

The employer also pays if the accident depends on the employee’s imprudence (Court of Cassation, Labour Division, Judgment No. 21220 of 5 October 2009)

The laws and regulations on prevention of accidents in the workplace are aimed at protecting the worker not only from accidents deriving from his/her carelessness, but also from…

Insights, News

Dismissal, unfitness does not lead to withdrawal (Court of Cassation, Labour Division, Judgment No. 21710 of 13 October 2009)

The Court of Cassation has established that the carrying out of private undertakings, guaranteed by article 41 of the Constitution, is not challengeable from a technical standpoint by…

Insights, News

Dismissal, operational sanction prior to the 5 days (Court of Cassation, Labour Division, Judgment No. 21296 of 6 October 2009)

The Court of Cassation has specified that the term of five days as from notification of the charge - whereby prior to expiry thereof it shall not be…

Insights, News

Disciplinary sanctions, immediateness linked to the structure (Court of Cassation, Labour Division, Judgment No. 21221 of 5 October 2009)

The Court of Cassation has established that, in dismissals for cause, immediateness of the notice of the expulsive measure with respect to the moment of the failure which…

Insights, News

Disabled person with a guaranteed job (Court of Cassation, Labour Division, Judgment No. 24091 of 13 November 2009)

The Court of Cassation has clarified that dismissal of a disabled person working when there are jobs in the company which are compatible with his/her disablement, even if…

Insights, News

Court of Cassation: Reconciliation, the omission is not objectionable

The Court of Cassation, with the decision No. 21797/09, has clarified that, in the process concerning labour issues, the lack of the mandatory out of court attempt to…

Insights, News

Validity of employee’s out of court confession (Court of Cassation, Labour Sec., Decision no. 14047 of 17 June 2009)

The Cassation Court has clarified that an out of court confession made by an employee subject to a disciplinary measure is legal and cannot be revoked unless the…

Insights, News

Legal to dismiss an employee in conflict of interest (Court of Cassation, Labour Sec., Decision no. 14176 of 18 June 2009)

The Court of Cassation has recognised the legality of dismissing an employee who provides legal assistance to third parties in legal proceedings against his employer. In this case,…

Insights, News

Accident due to on the job cause, proof required from employee (Cassation Court, Labour Sec., Decision no. 14192 of 18 June 2009)

The Court of Cassation has clarified that, in terms of accidents due to an on the job cause, the employee who asks the court for equitable damages has…

Insights, News

Proof required for partner employee (Court of Cassation, Labour Sec., Decision no. 7260 of 25 March 2009)

The Cassation has established that a partner in a partnership may also assume the role of employee as long as: a) the contribution of work is not supplied…

Inscrivez-vous à notre lettre d’information

Resta in contatto con De Luca & Partners

Iscriviti per conoscere le ultime novità e avere un accesso privilegiato alle risorse del nostro studio.