Categories: Case Law
The Court of Cassation has established that, in dismissals for cause, immediateness of the notice of the expulsive measure with respect to the moment of the failure which grounded said measure, or that of the notification, amounts to a constitutive item of the employer’s right of withdrawal, since the non-immediateness of the notification or of ....
Categories: 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.
Categories: Case Law
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
Categories: Case Law
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”.
Categories: Case Law
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.
