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 ....

The Supreme Court of Cassation, with order no. 14254 of 24 May 2019, stated that, in the context of a collective dismissal due to staff cuts, in order to avoid indirect discrimination, the percentage of women dismissed should not be greater than that of the entire female work force in relation to the jobs being ....

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 ....

The Supreme Court of Cassation, Work Section, with sentence 13534 of 20 May 2019, declared a dismissal for just cause of an employee who had reacted to being slapped by a colleague, to be lawful. Facts and previous judgments A sales employee, reacting to being slapped in the face by a colleague became involved in ....

The Court of Rome, Labour Section, by ruling of 6 May 2019, has discussed hetero-organized contracts of collaboration, developing further the direction of the jurisprudence that arose in relation to art. 2 of Legislative Decree. 81/2015 on the occasion of the so-called ” Foodora case”. The facts The dispute in question concerned the collaboration between ....