Case Law

The Court of Cassation has clarified that dismissal of a disabled person working when there are jobs in the company which are compatible with his/her disablement, even if covered by other employees, is unfair.

The lack of the mandatory out of court attempt to settle, which is provided as a condition without which the claim can not be proposed, has to be pleaded by the defendant in the defence

The Cassation has established that a partner in a partnership may also assume the role of employee as long as: a) the contribution of work is not supplied for the purposes of partner contribution and, b) the work relationship has the nature of employment, that it entails the requirement subjecting the worker to management, organisational ....

The Court of Cassation has stated that mobbing is considered “conduct by a supervisor which is systematic and lasts over time which entails repeated hostile behaviour within the work environment, leading to forms of abuse of power or psychological persecution, and may result in the moral humiliation and alienation of the employee”.

The 4th Penal Section of the Cassation Court has established that the “contractor” employer shall be liable for accidents of its employees if it has not informed them of the dangers and measures to avoid them and if it has not monitored to ensure that such measures have not been applied.