Case Law

Categories: Case Law

The Court of Cassation, by order 11538 of 2 May 2019, stated that the employer may unilaterally revoke the vehicle assigned to the employee against payment, at any time, without notice and without the employee being entitled to any compensation or replacement compensation. The facts An employee asked the Labour Court Judge to order his ....

Categories: Case Law

    The third Labour Section of the Civil Court of Rome, by ruling 4354 dated 8 May 2019, stated, the conciliation report signed by the worker in the trade union, can be appealed within the period referred to in Article. 2113 of the Civil Code, where the national collective bargaining agreement does not govern ....

Categories: Case Law

The Court of Cassation, in order No. 9268 of 3 April 2019, has affirmed that the dismissal for justified objective reasons of a pregnant employee during the notice period is lawful but unenforceable, as occurs in the case of termination during sick leave or absence for injuries.   The facts   In overturning the first ....

Categories: Case Law

By way of order No. 9006 of 1 April 2019, the Court of Cassation has ruled that the minutes of a settlement agreement signed with the involvement of trade unions is actionable by the worker only in the event of vitiated consent or lack of assistance by the trade union representative. The court, on the ....

Categories: Case Law

The Court of Cassation, with judgement No. 7642/2019, has once again deliberated on the issue of selection criteria in collective redundancy procedures, as set out in Law 233/1991.   The facts The Court of first instance rejected a statement of opposition filed by a company pursuant to art. 1, paragraph 51, of Law 92/2012 against ....