Case Law

Categories: Case Law

The Court of Florence, in a decree published on 9 February 2021, noted that the legitimacy to bring proceedings for the repression of anti-union conduct provided for by Art. 28 of the Workers’ Statute cannot be applied to the riders’ trade unions since they are not employees. Facts of the case In this case, the ....

Categories: Case Law

The Court of Ravenna, in its ruling of 7 January 2021, ordered that a worker’s dismissal for sudden physical unfitness for the role falls within the cases of dismissal for objective justified reason prohibited by the Covid-19 emergency regulations. Facts of the case A worker challenged his dismissal for objective justified reason in court. The ....

Categories: Case Law

The Court of Bologna, by order of 31 December 2020, upheld the appeal brought by three trade unions confederated to CGIL (Filt, Filcams and Nidl) against the company Deliveroo, describing the access conditions to the digital platform as discriminatory. According to the Court, the work slots booking system penalised those absent from work, without considering ....

Categories: Case Law

The Supreme Court of Cassation, by Order no. 27422 dated 1 December 2020, established that the clauses of the national collective agreement stating that workers are required to respect not only the provisions contained therein but also those established in internal regulations does not automatically bind employees to the compensation obligation envisaged therein in the ....

Categories: Case Law

Suspension of terms for appealing the dismissal in the emergency period Art. 6 of Italian Law no. 604/1966 states that: the dismissal, under penalty of forfeiture, must be appealed within 60 days from receiving the respective communication and the appeal is ineffective if it is not followed up, within a subsequent 180 day period, by ....