Insights

The Court of Cassation, in judgement 21357/2019, stated that a company cannot unilaterally withdraw from the collective agreement signed by the employers’ association to which it adhered before its expiry. This, even though this contract has become too expensive over time. The facts The Court of Appeals of Turin upheld the decision of first instance ....

With Regulation 157 of 30 July 2019, which fully replaces all previous measures on the subject, the Guarantor for the Protection of Personal Data has provided the form for reporting computer incidents. Data Breach Pursuant to Article 33, paragraph 1, of the EU Regulation 2016/679 on the protection of personal data (the “GDPR“), the Data ....

The Court of Cassation reiterated that the judge’s review cannot also concern the merits of the employer’s management choices, and a minimum reduction in revenue, if objectively linked to the expulsion measure, can be considered suitable to justify dismissal. The background that the Court of Justice, with its judgement of 18 July 2019, No 19302, ....

In declaring illegitimate the expulsion measure ordered to some workers, as part of a procedure of collective dismissal, the Court of Appeals of Turin, with judgement 316/2019, has declared that the employment relationships are terminated and sentenced the employer company to pay compensation pursuant to art. 3, paragraph 1, of Legislative Decree no. 23/2015. The ....

The Court of Cassation, with judgement 18887 of 15 July 2019, declared illegitimate the dismissal of the worker who refused to work on a day during the week when there was a holiday celebrating a civil event.   Facts of the case In this specific case, a company, faced with the refusal of one of ....