Case Law

With judgment dated 17 July 2020, the Court of Florence has ruled that “article 36 of the Constitution limits itself to establish the principle of sufficiency and adequacy of the pay, regardless of any intersubjective comparison and that article 3 of the Constitution imposes the equality of citizens vis-à-vis the law and not also in ....

The Court of Cassation, with its ordinance no. 9789 of 26 May 2020, stated that the clause of the individual contract establishing a probationary period agreement longer than that established by the sector collective bargaining must be considered more unfavourable for the worker. Therefore, it must be replaced by law according to art. 2077, second ....

The Court of Cassation, with its ordinance no. 9790 of 26 May 2020, took the opportunity to return to express an opinion on the legal grounds of the non-competition clause as per art. 2125 of the Civil Code. The Court took the time to specifically analyse the purposes of the agreement, the limits to its ....

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 ....