DLP Insights

The Milan Court, Labour Section, with a ruling of 13 November 2014, made a decision in a proceeding started by a worker who challenged a dismissal for objective justified reason following physical unfitness for performing the job to which he was assigned, and requesting compensation for damages resulting from an occupational accident from the Employer, ....

With its ruling no. 8784 of 30 April 2015, the Cassation Court declared dismissal of a worker for just cause legitimate in the case of a worker who had requested time off to assist a severely disabled mother as per Italian Law 104/1992 and who, in fact, had gone to a dance.

With its ruling no. 70 of 30 April 2015, the Constitutional Court declared article 24, paragraph 25 of Italian Legislative Decree 201/2011 (so-called Manovra Salva-Italia), converted by Italian Law no. 214/2011 illegitimate, specifically the part which had frozen revaluation of pensions of amounts greater than 1,700 euro gross for the 2012-2013 two year period.

The Milan Court, Labour Section, with ordinance no. 11340 of 15 April 2015, specified that a generic disciplinary dispute prevents the identification of the act which is the basis for the dismissal.

The Ministry of Labour, with reply to a question of 24 April, clarified that the new social insurance for employment (Naspi) will apply to all cases of involuntary unemployment, including cases of (i) dismissals for just cause, (ii) consensual termination at the time of preventive arbitration before the local employment offices (DTL) and (iii) disciplinary dismissal.