News & Insights

Case Law

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…

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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…

Insights, News

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…

Insights, News

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…

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