Case Law

Categories: Case Law

The Court of Cassation, with judgement No. 297, dated 9 January 2018, declared unlawful the dismissal for just cause of an employee who, after a heated argument with a colleague within the company’s premises that occurred at the presence of other employees and guests, continued the dispute outside the company’s premises, triggering a brawl that ....

Categories: Case Law

 The Court of Cassation, with judgement No. 836 dated 16 January 2018 overturned the judgement issued by the Court of the Appeals having local jurisdiction, which agreeing to the conclusions reached by the judge of first instance, had confirmed the unlawfulness of the dismissal ordered to an employee, who, by refusing to perform demoting tasks, ....

Categories: Case Law

The Court of Cassation, with judgement No. 27933 dated 23 November 2017, returned to issue its ruling on the issue concerning the taxation applicability of the amounts paid by the employer as part of a settlement agreement signed with the employee within the employment relationship. In particular, according to the Court of Cassation, in order ....

Categories: Case Law

The Court of Cassation, with its judgement No. 29238 dated 6 December 2017, ruled once again on the legitimacy of dismissal due to removal of the job position occurred as a result of a reorganisation aimed at increasing the efficiency and profitability of the company. First of all, the Court of Cassation upheld in its ....

Categories: Case Law

The Court of Cassation, with its judgement No. 29613 dated 11 December 2017, declared lawful the dismissal for just cause ordered to an employee who carried out another activity during his absence from work, in addition to an injury, to assist a family member with disability pursuant to article 33 of Law 104/1992. In particular, ....