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Case Law

Insights, News

Busto Arsizio Court: irregular use of a part-time contract implies the transformation thereof

With its judgement no. 224 dated 15 June 2016, Busto Arsizio Court held that the intention of the parties to change the employment relationship from part time to…

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Court of Cassation: the reasons for dismissal must always be stated

With its judgement no. 11595 dated 6 June 2016, the Court of Cassation ruled that in the case of dismissal of public servants who have reached the seniority…

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Court of Cassation: no objective responsibility on injuries

With its judgement no. 12347 dated 15 June 2016, the Court of Cassation held that the civil responsibility of the employer as set forth by article 2087 of…

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Court of Cassation: dismissal and the evidence of the grounds

By way of judgment No. 7558 of 15 April 2016 the Court of Cassation has set forth an important principle on the distribution of the burden of proof…

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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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