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Case Law

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Court of Cassation, 7 July 2015, no. 14106: a letter of admonition cannot be postponed

With its ruling no. 14106/2015, the Court of Cassation declared a dismissal of an employee for just cause wrongful due to a late letter of admonition. In the…

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EMPLOYERS LIABLE FOR NEGLIGENCE IN CASES OF PSYCHOLOGICAL HARASSMENT

With its ruling no. 10037/15, the Court of Cassation returned to make a decision on the issue of psychological harassment and the relative liability of the employer. The…

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COURT OF CASSATION, 16 MARCH 2015, NO. 5173: DISMISSAL FOR JUSTIFIED REASON ONLY FOR UNFAVOURABLE AND NOT CONTINGENT SITUATIONS

With its ruling no. 5173 of 16 March 2015, the Cassation Court returned to propose an interpretation, regarding the grounds for dismissal for justified reason which are not…

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COURT OF CASSATION, 6 MAY 2015, NO. 18667: WHEN A CONTRACT IS ILLEGAL

With its ruling no. 18667 of 6 May 2015, the Court of Cassation confirmed that, for the allegation of an illegal contract it is not sufficient to prove…

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COURT OF CASSATION, 30 APRIL 2015, NO. 8784: LEGITIMATE DISMISSAL FOR USE OF TIME OFF PURSUANT TO ITALIAN LAW 104/92 TO GO DANCING

With its ruling no. 8784 of 30 April 2015, the Cassation Court declared dismissal of a worker for just cause legitimate in the case of a worker who…

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PENSIONS AND THE RULING OF THE COUNCIL OF STATE

With its ruling no. 70 of 30 April 2015, the Constitutional Court declared article 24, paragraph 25 of Italian Legislative Decree 201/2011 (so-called Manovra Salva-Italia), converted by Italian…

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COURT OF MILAN: GENERIC DISPUTE IS GROUNDS FOR REINSTATEMENT (IL SOLE 24 ORE, 25 APRIL 2015, PAGE 13)

The Milan Court, Labour Section, with ordinance no. 11340 of 15 April 2015, specified that a generic disciplinary dispute prevents the identification of the act which is the…

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THE USE OF VULGAR EXPRESSIONS DOES NOT JUSTIFY DISMISSAL (IL SOLE 24 ORE, 15 APRIL 2015, PAGE 43)

The conduct of a female worker who gave work files vulgar names is not just cause for dismissal. The Cassation Court established this with ruling no. 5878/15, confirming…

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LAYOFFS AND SHOPS (IL SOLE 24 ORE, 13 APRIL 2015, PAGE 25)

The Milan Court, Labour Section, with its ruling of 29 January 2015, established that an employer who intends to dismiss more than five workers for objective reasons in…

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CASSATION: INDEMNITY REDUCED IF A NEW JOB OFFER IS NOT ACCEPTED (IL SOLE 24 ORE, 10 APRIL 2015, PAGE 40)

With its ruling no. 3486/2015, the Cassation Court established that if a company is sentenced to reinstate a worker due to wrongful dismissal, the months pay that the…

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