Case Law

The Court of Cassation has recognised the legality of dismissing an employee who provides legal assistance to third parties in legal proceedings against his employer.

The Court of Cassation has clarified that, in terms of accidents due to an on the job cause, the employee who asks the court for equitable damages has the onus of precisely proving the facts resulting in such right, demonstrating that the claimed injury is the result of the concrete procedures for performing the duties related to the held position, variable in relation to the work site, shift and work environment.

The Court of Milan has established that the termination of a coordinated, ongoing project-based contract is valid when the project in question has been completed, and that any claim to extend the self-employment contract due to maternity, for a period beyond the project completion date is without grounds.

By sentence under art. 669-sexies of the Italian Code of Civil Procedure, confirmed by the Court at appeal stage on 31 March 2009, the Court of Trento has ordered an employee to disclose to the employer the access password to folders on his PC and to areas of the company server to which he has reserved access, on the grounds that use of the instruments was for professional purposes only.

The Court of Cassation has established that dismissal of an employee for unjustified absence is lawful where the employee fails to take up service at the workplace to which he has agreed to be transferred.