Case Law

With its judgement No. 53285 dated 23 November 2017, the Court of Cassation confirmed some fundamental principles regarding administrative liability pursuant to Legislative Decree 231/2001 and safety in the workplace. In particular, according to the Court of Cassation, the pre-requisites for the administrative liability for advantages or in the interest of the entity (i) must ....

The Court of Cassation, in its judgement No. 25147 dated 24 October 2017, deemed lawful the dismissal for just cause ordered to an employee who downloaded company data (not password-protected) on a personal pen driver, without disclosing them to third parties. According to the Court, indeed the fact that the employee had not disclosed the ....

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 ....

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 ....

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, ....