Case Law

With its order no. 7400 of 7 March 2022, the Court of Cassation ruled that an individual dismissal for objective justified reason, for the same reasons as those underlying the collective dismissal previously initiated, is null and void because it involves fraudulent conduct. Facts of the case An employee who was dismissed for justified objective ....

With its ruling no. 3724/2022, filed on 2 February, the Court of Cassation held that an employer who “warns” staff that they may lose their job to force them to accept financial conditions that do not match the services they provide was extortion. Facts of the case Two employees brought an action against their employer, ....

With its order no. 2246 of 26 January 2022, the Court of Cassation ruled that a manager who sent an angry email to the company’s top management engaged in conduct likely to disrupt the relationship of trust that binds them to the employer,  even if it did not formally breach their work obligations. Facts of ....

With its ruling no. 1099 of 14 January 2022, the Court of Cassation stated that specifying duties covered by the probation clause may refer to the collective agreement declarations if the reference is specific enough. Facts of the case The Supreme Court’s ruling stems from a Court of Appeal of Trento ruling, which upheld a ....

The Court of Cassation with its order no. 1242 of 17 January 2022, ruled on the limitation, to a certain department, of the range of employees to dismiss for a collective procedure, setting out the requirements so that such limitation can be considered lawful. Facts of the case The event originated from a collective dismissal ....