Case Law

Categories: Case Law

The Court of Cassation, with judgement 18887 of 15 July 2019, declared illegitimate the dismissal of the worker who refused to work on a day during the week when there was a holiday celebrating a civil event.   Facts of the case In this specific case, a company, faced with the refusal of one of ....

Categories: Case Law

The Court of Cassation, with order 15557/2019, ruled that a contract can be considered genuine even if it describes in great detail the tasks that the workers involved will have to perform. This is because, for the purposes of integrating the case of illicit labour brokering, it is not sufficient either to provide an analytical ....

Categories: Case Law

With judgement of 14787/2019, the Court of Cassation once again handled the sensitive question of the timeliness of the disciplinary challenge with respect to the charge. In particular, the jurisprudential findings on the matter have been underlined, according to which the principle of the immediacy of the challenge of the charge and that of the ....

Categories: Case Law

In declaring illegitimate the expulsion measure ordered to some workers, as part of a procedure of collective dismissal, the Court of Appeals of Turin, with judgement 316/2019, has declared that the employment relationships are terminated and sentenced the employer company to pay compensation pursuant to art. 3, paragraph 1, of Legislative Decree no. 23/2015. The ....

Categories: Case Law

The Court of Bari, with judgment 2636 of June 10, 2019, found the just cause dismissal lawful of a worker for having posted via his Facebook profile – installed unduly on the company device – messages revealing business secrets to competitors. Facts of the case A worker, sixth level business secretary under the National Collective ....