DLP Insights

Categories: Case Law

With sentence no. 15226 dated 22 July 2016, the Court of Cassation rejected the petition of a female employee seeking to overturn the sentence of the court of Appeals which upheld her dismissal for disciplinary reasons i.e. absenteeism because of her failure to submit a medical certificate. In the account of the employee, she went ....

Categories: Case Law

With sentence no. 15211 dated 22 July 2016, the Court of Cassation upheld the decision of the lower courts, affirming that where a workplace coincides with the home of the employee, for the purposes of ascertaining if the size of the workplace is such as to require reinstatement of the worker, if unfairly dismissed, pursuant ....

Categories: Case Law

With sentence no. 15435 dated 26 July 2016, the Court of Cassation affirmed the principle according to which the evidence of discrimination provided by an employee may be circumstantial or based on presumption. In the case in point, a female employee was dismissed for not accepting transfer to a Point of Sale about 150 km ....

Categories: Case Law

With sentence no. 14305/2016 the Court of Cassation confirmed the unlawfulness of dismissal for disciplinary reasons in the case of an employee dismissed during a dispute over the recognition by the employer of a revised job description involving additional duties. The employee in question took possession of documents useful for the case, sending them from ....

Categories: Legislation

A few months after the online procedure for the notification of resignation and agreements to terminate employment came into effect, amendments are already being recommended. The Employment Committees of the Chamber of Deputies and the Senate have approved, with some observations, the proposal of Labor Consultants to introduce «corrective measures» to improve the new procedure ....