News & Insights

Case Law

Insights, News

Remote controls on worker’s personal computers (Court of Cassation, Labour Section, no. 4375/2010)

In intervening on remote controls of company personal computers, the Court of Cassation determined that it is forbidden to install software on said computers that allows controlling accesses…

Insights, News

Organisational model: no objective responsibility for the company (Preliminary Investigation Magistrate of Milan, Sent. of 17 November 2009)

The Preliminary Investigation Magistrate of Milan for the first time excluded objective responsibility of a company charged with the crime of IT market rigging (art. 2637 of the…

Insights, News

231/01: case-law opens new questions

Case-law regarding the execution of the provisions set forth under Legislative Decree 231/01 discloses some trends. In particular, please note as follows: - the organizational model should be effectively…

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Health certificates are challengeable (Court of Milan, October 2009 judgment)

The Employment Court of Milan has acknowledged the lawfulness of a dismissal for cause based on the instrumental and incorrect use of the sick leave certificate. The judge…

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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…

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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…

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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…

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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…

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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…

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