Case Law

The Court of Cassation, with its ordinance no. 10404 of 1 June 2020, in line with a consolidated orientation, expressed the principle based on which Inial’s recognition of an occupational injury or disease does not automatically lead to the employer’s liability for the damages suffered by the employee. Facts of the case An employer of ....

On  6 April 2020, the Supreme Court of Cassation handed down judgment No. 7703 on the legitimacy of a dismissal for just cause based on irregularities found in the reimbursement of expenses declared by a worker, where those irregularities are formally disputed after one year had elapsed. Called upon to rule on the need to ....

The Court of Bologna, in its judgment No. 2759 of 23 April 2020, clarified the correct application and scope of Article 39 of Decree Law 17/2020 (so-called “Cura Italia Decree“), converted into Law 27/2020, stating that the disabled worker is entitled to carry out his/her job duties remotely (i.e. under the “remote working” regime). Facts ....

The Court of Cassation, with its ruling no. 7567 of 27 March 2020, observed that in the case of just cause the judge is required to verify the conduct the worker is charged with in all the objective and subjective aspects that compose it, regardless of the characterisation contained in the collective contract. Facts of ....

The Court of Cassation, with the sentence no. 4879 of 24 February 2020 confirmed that the reinstatement protection provided by article 18, paragraph 4 of Law 300/1970 in case of “inexistence of the claimed fact” is also applicable in the case of inexistence of the claim or if the same contains facts different than those ....