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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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NOTICE, PARTIES FREE TO ESTABLISH THE DURATION (IL SOLE 24 ORE, 21 MARCH 2015, PAGE 16)

The Court of Cassation, with its decision no. 4991/2015, recognized the autonomy of the parties to set the duration of notice. The Court of Cassation rejected the petition…

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CASSATION: A DOUBLE CHECK REQUIRED FOR DECLARING AN EMPLOYEE UNFIT FOR WORK (IL SOLE 24 ORE, 11 MARCH 2015, PAGE 41)

The Court of Cassation, with its decision no. 4757 of 10 March 2015, established that dismissal due to a worker being unfit to perform his job is unlawful…

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CASSATION COURT: WRONGFUL DISMISSAL FOR INJURED WORKER WHO WORKS ELSEWHERE (IL SOLE 24 ORE, 5 MARCH 2015, PAGE 51)

According to the Cassation decision no. 4237/2015 the conduct of a worker, who during a period of leave due to injury worked at a third party performing a…

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CASSATION: EMPLOYEE CONDUCT WHO PLAYS A JOKE TO THE DETRIMENT OF A COLLEAGUE CAN BE PUNISHED (IL SOLE 24 ORE, 14 FEBRUARY 2015, PAGE 15)

With its ruling no. 2904 of 13 February 2015, the Court of Cassation established that it is legitimate to dismiss an assembly line worker who continuously fills car…

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CASSATION COURT: INSULTING A MANAGER IS NOT GROUNDS FOR DISMISSAL (IL SOLE 24 ORE, 12 FEBRUARY 2015, PAGE 41)

With its ruling no. 2692/15, the Court of Cassation established that an employee’s use of offensive and vulgar words to a company manager of a higher rank constitutes…

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CASSATION COURT: LIMITATION OF THE RIGHT TO BENEFITS PROVIDED BY INAIL (IL SOLE 24 ORE, 14 JANUARY 2015, PAGE 37)

The Cassation Court, with ruling no. 211/2015, clarified that a suspension of the three year limitation on litigation for recognition of benefits from a occupational accident or disease…

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