Categories: Case Law
With its recent judgement no. 21965 dated 10 September 2018, the Court of Cassation once again ruled on the well-known controversial issue of the boundaries between the right to criticize and insubordination, upholding the decision of the trial court. The judgement at hand found the dismissal imposed on an employee, who had uttered words deemed ....
Categories: Publications
With its judgment no. 21569 of 3 September 2018, the Court of Cassation ruled on the consequences of disciplinary dismissal after expiry of the term set out in the Collective Bargaining Agreement. The ruling originated from the appeal brought by a worker against his dismissal enforced after expiry of the term of 10 days set ....
Categories: Publications
Con sentenza 17 agosto 2018, n. 20761, la Corte di cassazione, Sezione Lavoro, è tornata ad occuparsi del licenziamento per superamento del periodo di comporto, confermando il proprio orientamento sui potenziali vizi formali che potrebbero inficiarne la validità. Nello specifico – tra le ragioni del ricorso – il lavoratore aveva denunciato la falsa applicazione delle ....
Categories: Publications
The Court of Cassation with judgement No. 17978 dated 9 July 2018 established that: – recognition of compensation for non-material damages is not automatic in the case of a “demotion” if it is not adequately proven; – when the employee alleges a demotion associated to a breach by the employer to meet the obligation established ....
Categories: Case Law
The Court of Cassation, with ruling No. 17358 dated 3 July 2018 has issued another ruling on the dismissal ordered for failure to successfully pass the trial period and on the protections applicable when the employer’s withdrawal is unlawful if ordered on the incorrect assumption of the validity of the related agreement. In the case ....
