Case Law

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 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 ....

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 ....

The Court of Cassation, with judgement of 1 March 2018 no. 4883, declared that a dismissal for just cause imposed on a worker because he had faked ill health is retaliatory. This is so because the disease of which the employee suffered turned out to be real on the basis of objective data and logical ....

The Court of Cassation, with judgement no. 4211 filed on 21 February 2018, passed a ruling in regard to an opposition against a payment injunction. In the specific case at hand, by said injunction, INPS had demanded payment by a company of penalties and interests on the substitute allowance in place of the prior notice ....