Categories: Case Law
With its judgement no. 20761/18, the Court of Cassation, Labour Division, returned to rule on dismissal for exceeding the sickness period, confirming its opinion on the potential formal faults that may affect its validity. The ruling originated from the appeal brought by a worker against his dismissal for exceeding the sickness period, whose lawfulness had ....
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. 15523/2018 had the opportunity to clarify, once again, a few important cases concerning a dismissal ordered upon conclusion of disciplinary proceedings pursuant to art. 7 of the Law No. 300/1970. The judges of the Court of Cassation, in fact, returned to explore the heavy and controversial matter of ....
