Case Law

The Court of Cassation, with its judgement No. 6893 of 20 March 2018, declared the dismissal for cause notified to an employee to be lawful, as a result of having carried out another working activity during the days of leave for serious family reasons. In the case at issue, following the investigation ordered by the ....

With its judgement No. 8407 lodged on 5 April 2018, the Court of Cassation declared the disciplinary dismissal notified to a female employee unlawful. On two occasions, she failed to stop another employee, who was a subordinate, from stealing pellet bags from the employer’s outlet, just limiting herself to warn her managers on both occasions. ....

With its judgement No. 6792 of 21 March 2018, the Court of Cassation dealt with the completeness of the notice of commencement of the collective dismissal procedure under article 4 of Law No. 223/1991.  In particular the Court, in compliance with the stance of the judges ruling on the merits of the case, stressed that ....

With its judgement No. 7581 of 27 March 2018, the Court of Cassation has once again dealt with the delicate subject of the so-called right to have access to the records within a disciplinary procedure. In the case at issue, the judges ruling on the merits of the case held the dismissal notified to an ....

The Supreme Court (judgement no. 6608/2018) stated that the typing of just cause for dismissal listed in the collective agreements are as an example and are not necessarily binding, having therefore the Court the power to expand or to circumscribe the extent to disciplinary purposes. Within its powers, therefore, the Judge, in the opinion of ....