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Case Law

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Court of Cassation: the option of the indemnity in lieu of reinstatement terminates the employment

With its judgment No. 709 of 18 January 2016, the Court of Cassation has laid stress on the fact that, in so far as real protection is concerned,…

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Court of Cassation: 30 days to exercise the remedial indemnity option in lieu of the reinstatement protection

With its judgment No. 203 of 11 January 2016, the Court of Cassation has stated that the 30-day term, provided for under paragraph 5, of article 18 of…

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Court of Cassation: dismissal for justified subjective grounds may also be changed by court, even by the court of appeal

With its judgment No. 21 of 4 January 2016, the Court of Cassation has stated that the so-called omitted ruling flaw shall be triggered for the judge, also…

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Court of Appeal: the “mass” illness makes it necessary to determine whether an offence has actually been committed

With ruling n. 48328/2015 the Court of Appeal, second criminal section, made it clear that the commission of offences cannot be ruled out if the collective absence is…

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Court of Milan: disciplinary dismissal and the requirements of the national collective contract

With its ruling no. 6150 of 13 July 2015, the Court of Milan clarified that if the relative contract contains a penalty preserving employment for the fact claimed…

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Cassation Court en banc session: functional dependency constraint between contribution omissions and relative penalties

With its ruling no. 5076 of 13 March 2015, the Cassation Court en banc session confirmed that in terms of social security contributions, the additional sums due by…

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Cassation Court: illness and poor performance

With its ruling no. 16472 of 5 August 2015, the Cassation Court clarified that, in the presence of repeated absences from work due to illness, the employer cannot…

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Court of Cassation, 9 July 2015, no. 14310: disciplinary dismissal for poor performance

With ruling no. 14310/2015, the Court of Cassation declared disciplinary dismissal for poor performance legitimate for an employee dismissed by a telephone service provider. The employee in question…

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Court of Cassation, 9 July 2015, no. 14322: non-contractual liability of the employer who provides incorrect information

With its ruling no. 14233/2015, the Court of Cassation announced the principle according to which the employer is liable, even if it is not included in the contract,…

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Court of Cassation, 8 July 2015, no. 14251: similar violations different sanctions

With its ruling no. 14251/2015, the Cassation Court declared dismissal for just cause legitimate in a case where a worker had violated the ban on introducing or drinking…

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