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Case Law

Insights, News

Lombardy TAR (regional administrative court of law): a like on Facebook may trigger a disciplinary sanction

By way of order No. 246/2016, the third division of the Lombardy TAR faces the issue of the disciplinary significance of the opinion given by a civil servant…

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Court of Cassation: the repêchage obligation does not impose the assignment to lower jobs

By way of judgment No. 9467/2016 the Court of Cassation has stated that the dismissal for justified objective grounds is lawful if the employer gives “evidence as to…

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Court of Cassation: the relationship of trust releases the employer from continuous pressing

By way of judgment No. 10069/2016 the Court of Cassation has stated the principle pursuant to which “the employer has the power, but not the obligation, to continuously…

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Court of Cassation: behavioural standards to be considered when determining the existence of an accident on the way to and from work in case of use of a bicycle

By judgment no. 7313 published on 13 April 2016, the Court of Cassation has ruled that, in order to assess the existence of an accident on the way…

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Court of Cassation: an employee refusing to transfer may be considered resigning from employment

By judgment no. 6265, published on 31 March 2016, the Court of Cassation has sanctioned the principle whereby an employee refusing to transfer may be considered as resigning…

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Court of Cassation: the employer is responsible for any risks, including contingencies

The Court of Cassation, IV Criminal Section, by judgment no. 12683 of 29 March 2016, has ruled that an employer is responsible for any injury caused by inexperience,…

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Court of Cassation: no mobbing if there is negligence

With its judgment No. 2116/2016, the Court of Cassation reiterated that no mobbing shall be deemed to have occurred in the absence of a specific vexatious plan aimed…

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Court of Cassation: unlawful dismissal when failure to have a medical examination does not constitute a precondition of serious breach of contract

With its judgment No. 4695 of 10 March 2016, the Court of Cassation declared as unlawful the dismissal for just cause of an employee who (i) was not…

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Court of Cassation: the burden of proof in regard to the suitability of employees lies with the employer

With its judgment No. 4502 of 8 March 2016, the Court of Cassation declared it illegal to dismiss an employee on the grounds of that employee’s refusal to…

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Court of Cassation: no recourse to business procurers. The illegitimate use in lieu of agency agreements is unlawful

With its judgments No. 1856 of 1 February 2016 and No. 1974 of 2 February 2016, the Court of Cassation has ruled on the existing distinction between agents…

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