With a consolidated experience in the field of Labour Law in litigation, De Luca & Partners regularly provides assistance to clients at all levels of justice and before all jurisdictions, civil and administrative, in its area of expertise.
De Luca & Partners pursues a philosophy which is oriented towards only dealing with litigation when it is appropriate from a strategic point of view and of real advantage to the client. We have a remarkably positive track record in the courtroom and that leads us to be able to define ourselves as an undoubtedly influential operator in the main court system.
This particular understanding of the dynamics of litigation and our habit of drawing comparisons with foreign representatives, has seen De Luca & Partners being considered as a reference point for non-Italian customers who have to realistically face the peculiarities of litigation processes in our country.
In addition, De Luca & Partners’ professionals – in view of the critical time constraints of many clients, especially international ones – have developed considerable expertise in arbitration matters, providing their assistance as defendants.
Again with regard to arbitration, the Shareholders of De Luca & Partners – precisely in light of their acknowledged expertise in the matter – are often called upon to act as arbitrators in disputes where their clients are not involved.
Partners and Associates of De Luca & Partners are always committed to achieving the clients’ objectives and avoiding litigation where opportune.
In any case, legal aid is a strong area of competence for De Luca & Partners.
The lawsuits undertaken by the Firm have for example included:
The Court of Cassation, by its decision no. 23858 of 5 September 2024, confirming its previous ruling, stated that, in the hypothesis of a disciplinary dismissal for carrying out other activities during sick leave, the employer bears the burden of proof that the illness is simulated or that the activities carried out during the days ....
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In judgment no. 128 of 16 July 2024, the Italian Constitutional Court declared Article 3, paragraphs 1 and 2 of Italian Legislative Decree no 23/2015 to be unconstitutional. The Court made this finding on the basis that the provision does not provide that the mitigated reinstatement protection also applies in cases of dismissal for justified ....
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In its very recent judgment no. 2274 of 23 January 2024, the Italian Court of Cassation ruled that it is lawful for an employer to give notice of a second dismissal pending a judgment concerning a previous dismissal based on different grounds. However, the second dismissal has no effect if the first dismissal is declared ....
Read moreWith Order no. 31660 of 14 November 2023, the Italian Court of Cassation ruled that, when dismissal for justified objective reason (giustificato motivo oggettivo, ‘GMO’) is to reduce costs, the burden is on the employer to indicate the reasons why the particular worker has been chosen. The facts of the case The employee appealed the ....
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The firm assisted the Client in the dismissal of its General Manager and his removal from the office of Managing Director. The Firm also assisted the Company in the attempt to reach an out-of-court settlement following the executive’s appeal. The Firm was later instructed to assist the Company in the proceeding brought by the executive ....
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The Firm has assisted the Company for many years in all issues connected with labour law. As part of its assignment, the Firm has assisted the Client in a number of cases of employee disciplinary dismissal for thefts committed at the Company’s premises. The Firm also successfully assisted the client in a legal action brought ....
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Our firm has triggered a counter action against the former CEO to achieve compensation for damages suffered as a consequence to the misconducts attributed to him which led to his revocation and dismissal.
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