News & Insights

Case Law

Insights, News

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…

Insights, News

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…

Insights, News

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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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…

Insights, News

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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