DLP Insights

With its judgement no. 23735 dated 22 November 2016, the Court of Cassation once again draws the boundaries between ontologically disciplinary dismissal and dismissal for justified objective grounds. In the case in question, the reason given for dismissal for justified objective grounds submitted to the Court was “the almost total absence of concurrence, between your ....

With its judgement no. 24030 dated 24 November 2016, the Court of Cassation pronounced itself on the subject of dismissal for cause, by quashing with remand a judgement of the Court of Appeal who held jurisdiction. In the case in question, in confirming the first instance ruling, the Court of Appeal declared that the dismissal ....

With its judgement no. 24027 dated 24 November 2016, the Court of Cassation reconfirmed the legal principle pursuant to which, if an employer dismisses an employee for a specific reason (in this case because the employee had exceeded the number of sickness absence days), the employer may legally dismiss the employee a second time for ....

With its judgement no. 26464 dated 21 December 2016, the Court of Cassation confirmed that a manager must agree and confirm its leave with the employer, if this is set forth by a collective or personal contract. In the case in question a manager was dismissed for cause because he had gone on leave arbitrarily ....

As from 1 January 2017 ordinary redundancy has ceased to exist, as set forth by section 2, paragraph 71 of Law no. 92/2012 (the so-called Fornero Law). This means that as from 1 January 2017, the redundancy procedure has become a collective dismissal procedure, while the trade-union consultation procedure has remained unchanged, and a dismissal ....