Case Law

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

With judgment no. 4670 of 18 February 2019, the Court of Cassation maintained that the controls requested by the employers of an investigation agency are legitimate if the investigation concerns the control of behaviour that could be criminally relevant or fraudulent actions capable of damaging the employer. The facts A company active in the food ....

Categories: Case Law

The Milan Court of Appeal, with judgment no. 2116 of 22 January 2019, reversing the judgment of the court of first instance no. 483/2017 of the Court of Monza, ruled on the validity of the trial period annexed to the employment contract and on the legitimacy of the dismissal served on grounds of failure to ....

Categories: Case Law

With judgment no. 3147 of 1 February 2019, the Court of Cassation remarked that the employers can supplement the grounds for dismissal in the course of proceedings if these are insufficient or generic. The facts The Court of Appeal having jurisdiction, upholding the judgment of the Court of first instance, had declared that the dismissal ....

Categories: Case Law

The Court of Appeal of Turin, with judgement No.26 filed on 11 January 2019 and published on 4 February, has partially accepted the appeal filed by 5 bike-delivery individuals (the so-called “riders”) of a well-known German food delivery company through a judgement of the Court of Turin (778/2018) that had failed to recognise the employment ....