Insights

Comments and tools from De Luca & Partners’ experience

Categories: Case Law

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 ....

Categories: Case Law

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 ....

Categories: Case Law

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 ....

Categories: Do you know that

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 ....