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Case Law

Insights, News

Court of Cassation: Reinstatement of a dismissal voided for failure to observe the respite period (Il Sole 24 Ore, 19 November 2014, p. 45)

In Judgment No. 24525/2014, the Court of Cassation held that it is permissible to reinstate a dismissal voided for failure to observe the respite period by issuing a…

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Court of Cassation: Employers bound by obligations of supervision (Il Sole 24 Ore, 13 November 2014, p. 47)

In Judgment No. 46820, entered last 12 November, the Court of Cassation held that obligations of supervision and control imposed on employers are not diminished with the appointment…

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Court of Rome: Second chance only with permanent contract (Il Sole 24 Ore, 5 November 2014, p. 40)

In a ruling of 27 October 2014, the Court of Rome affirmed that the obligation to give a second change to employees dismissed for objectively justified reasons is…

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Court of Cassation: Discriminatory redundancy subject to civil penalties (Il Sole 24 Ore, p. 44, 30 October 2014)

In its Judgment No. 19665 of 18 September 2014, the Court of Cassation, sitting in plenary session, resolved the conflict in case law concerning the obligation to pay…

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Cassation: The principle of ne bis in idem also applies to disciplinary proceedings (Il Sole 24 Ore, 23 October 2014, p. 49)

In its Judgment No. 22388 of 22 October 2014, the Court of Cassation held that the principle under which no legal action can be instituted twice for the…

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Court of Cassation: Qualification as manager only if fully autonomous (Il Sole 24 Ore, 10 October 2014, p. 48)

In its Judgment No. 20949 of 3 October 2014, the Supreme Court of Cassation dismissed an appeal brought by a worker who sought classification as a manager, together…

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Calculation of the longest illness for job protection includes public holidays (Il Sole 24 ore, September 25, 2014, page 47)

Court of Cassation, judgment no. 20106 of September 24, 2014, has stated again the principle according to which for the calculation of the period of job preservation in…

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Court of Cassation: sanctions in case of conversion of a temporary staff leasing (Il Sole 24 ore, September 9, 2014, page 40)

Court of Cassation, judgment no. 18861 of September 8, 2014, specified that sanctions provided for by art. 32, par. 5, Law no. 183/2010 (so called “Collegato Lavoro”), are…

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Court of Cassation: dismissal of “absentee” employees is lawful (Il Sole 24 ore, september 5, 2014, page 40)

Court of Cassation, judgment no. 18678 of September 4, 2014, confirmed the lawfulness of a dismissal noticed to a “strategic” absentee employee even if the sick leave was…

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Staff leasing: damages limited (Il Sole 24 Ore, August 21, 2014, page 30)

Court of Cassation, judgment no. 18046 of August 20, 2014, confirmed the case-law guideline based on which irregular staff leasing is subject to the sanction introduced by Law…

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