Insights

The Court of Cassation, with judgement No. 14456 dated 9 June 2017, has intervened again on the distinction between discriminatory dismissal and retaliatory dismissal. The Court, intervening on the matter detailed in judgement No. 6575 dated 5 April 2016 issued by the Court itself, clarified that discriminatory dismissal is objective since it is based on ....

The Court of Cassation, with judgement No. 19725 dated 8 August 2017, confirmed the principle according to which in the presence of mixed tasks, the analysis aimed at verifying if the employee has the right to achieve higher qualification respect to the one assigned must be performed not on the basis of a simple quantitative ....

Pursuant to Art. 1, sub-paragraphs 40 and 41, of Italian Law no. 92/2012 (the so-called Fornero Reform), a dismissal subsequent to a disciplinary procedure under Art. 7 of Law no. 300/1970 or as the result of an obligatory conciliation procedure under Art. 7 of Law no. 604/1966, produces retroactive effects from the day that notice ....

The Bologna Employment Tribunal, with its decision no. 734 of 7 July 2017 under Art. 1 of Italian Law no. 92/201, confirmed the order issued during the summary case hearing and declared as lawful the dismissal for just cause of an employee who had been absent from work for a continuous period of 3 weeks, ....

With its decision no. 15204 of 20 June 2017, the Court of Cassation intervened in the subject of the disciplinary dismissal of a senior executive without prior application of the procedure referred to in Art. 7 of Italian Law no. 300/1970. The Supreme Court referred to some recent pronouncements, including Plenary Sitting decisions (Cass. No. ....