De Luca & Partners pays close attention to employment issues, especially dismissals.
De Luca & Partners’ assistance enables its clients to define and identify the most effective solution for organisational and financial employment terminations.
The Firm’s professionals help clients define the financial-organisational dismissal grounds and assess the other available positions before going ahead. With its expertise and experience in this field, De Luca & Partners assists clients by paying attention to each case’s unique nature and focusing on preventing possible or potential claims.
After a careful analysis, a dedicated team prepares a dismissal letter. This will guide any judge used by the interested worker to confirm the existence of the correct organisational process.
Statistics confirm that a well-grounded dismissal makes avoiding litigation and settling any lawsuit possible by reaching an agreement.
In cases of dismissal for justified objective reason, the Judge’s verification of the “manifest lack of the fact“ requirement underlying the dismissal, from which the possibility of employee reinstatement derives, must cover the technical, production and organisational needs stated by the Company, and the possibility of relocating the employee elsewhere within the company organisation. ....
Read moreThe Supreme Court of Cassation, in its decision 1514/2021, published on 25 January 2021, referencing well-established principles, provides a clear overview of the production-related factors that justify dismissal for objective reasons, emphasising that once the objective reason for the work termination has been established, it is unnecessary to investigate its potentially retaliatory nature. The Court’s ....
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