Categories: Case Law, Publications
The negative implications of criminally unlawful acts on the proper execution of work performance, in compliance with the employee’s obligations, constitute just cause for dismissal. The Supreme Court, in ruling no. 31866 of December 11, 2024, established that unlawful conduct outside the workplace may have disciplinary relevance, as the employee is not only required to ....
Categories: Case Law, Publications
Article 33 of Law 104/1992 regulates paid leave ‘for the assistance, social integration and rights of disabled persons’. These permits consist in the possibility for public or private, full-time or part-time employees to be absent from work, while retaining the right to remuneration and figurative contribution coverage for pension purposes, in order to assist a ....
Categories: Case Law, Publications
In its decision no. 10104 of 12 October 2024, the Court of Rome ruled that in the case of a disciplinary dismissal without prior notice, there is not a mere formal deviation from the procedural scheme of the regulation, but an actual nullity which always gives the employee the right to reinstatement. The case at ....
Categories: Case Law
This has been stated by the Court of Cassation, decision no. 24797/2024 of 16 September 2024. In detail, a few employees – each in the context of their own dispute over matters relating to their employment relationship – had submitted to the court a recording of a conversation that had taken place some years earlier ....
Categories: Case Law
In its very recent judgment no. 2274 of 23 January 2024, the Italian Court of Cassation ruled that it is lawful for an employer to give notice of a second dismissal pending a judgment concerning a previous dismissal based on different grounds. However, the second dismissal has no effect if the first dismissal is declared ....