Categories: Case Law
The Court of Cassation, with judgement no. 21438 dated 30 August 2018, ruled again on the subject matter of dismissal for cancellation of the job position. More specifically, a worker – among other things – had filed an opposition against the dismissal imposed on him, seeking annulment thereof, as he considered it retaliatory, and consequently, ....
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 ....
