Categories: Publications
With the recent ruling no. 181 published on 27 April 2022, issued as part of the Fornero Procedure opposition proceedings, the Court of Vicenza expressed its opinion on whether absences due to illness attributable to the employee’s disability can be included (or not) in the protected period. The case originated from the dismissal of an ....
Categories: Publications
The Constitutional Court, in ruling 125 filed on 19 May 2022, expressed its opinion on paragraph 7 of art. 18, of law no. 300/1970 which recognises the reinstatement protection in cases of dismissal for justified objective reason, only if it is established that there is a “manifest lack” of the fact underlying the dismissal. The ....
Categories: Practice
On 7 April 2022, in an injunction order issued against a hospital, the Italian Data Protection Authority (“Garante”) found that the data processing carried out as part of the management of its whistleblowing system was unlawful. The Authority sanctioned the IT company, which was acting as a data processor, and managed the service for reporting ....
Categories: Case Law
In ruling no. 11638 dated 11 April 2022, the Court of Cassation established that the single company attribution in the employment relationship implies that the verification of the redundancies must be carried out considering the entire workforce, i.e., the workers employed by the other companies of the established individual company organisation and not only those ....
Categories: Case Law
With its order no. 11182 of 6 April 2022, and following case law, the Court of Cassation ruled that during collective agreement take overs, “in pejus” amendments for the employee are admissible except for the acquired rights. The employee claim to maintain rights arising from a collective rule that no longer exists must be excluded. ....
