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Case Law

Insights, News

Onus to prove mobbing (Cassation Court, Labour Sec., Decision no. 3785 of 17 February 2009)

The Court of Cassation has stated that mobbing is considered “conduct by a supervisor which is systematic and lasts over time which entails repeated hostile behaviour within the…

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The contracting party is obligated by occupational safety (Court of Cassation, Penal Sec., Decision no. 28197 of 9 July 2009)

The 4th Penal Section of the Cassation Court has established that the “contractor” employer shall be liable for accidents of its employees if it has not informed them…

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A project-based contract cannot be extended for maternity if the project has been completed (Court of Milan, Judgement of 28 April 2009)

The Court of Milan has established that the termination of a coordinated, ongoing project-based contract is valid when the project in question has been completed, and that any…

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Password revealed by order of the court (Court of Trento, Judgement of 31 March 2009)

By sentence under art. 669-sexies of the Italian Code of Civil Procedure, confirmed by the Court at appeal stage on 31 March 2009, the Court of Trento has…

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Court of Cassation: Fair dismissal for employees taking unjustified leave of absence after accepting a job transfer (Court of Cassation, Judgement no. 8075 of 2 April 2009)

The Court of Cassation has established that dismissal of an employee for unjustified absence is lawful where the employee fails to take up service at the workplace to…

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Requisites of validity to secondment of employees (Court of Cassation, Judgement no. 9694 of 23 April 2009)

The Court of Cassation has clarified that for the purpose of legal secondment of an employee from the seconding company to that benefiting of the secondment, a specific…

Insights, News

Interdepartmental dismissals (Court of Cassation, Judgement no. 9991 of 29 April 2009)

The Court of Cassation has clarified that the dismissal of an employee in a department other than that subject to company reorganisation is fair. The Court in fact…

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