Case Law

Categories: Case Law

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, ....

Categories: Case Law

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 ....

Categories: Case Law

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 ....

Categories: Case Law

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 ....

Categories: Case Law

The Court of Asti, with the order of 5 January 2022, ruled that the quarantine period (as per art. 26, paragraph 1, Decree Law 18/2020 applicable ratione temporis) or voluntary homestay is not valid for calculating the protection period, not only vis-a-vis subjects who have had close contact with confirmed cases, but also regarding subjects ....