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 Brescia, with its judgement dated 3 November 2017, has declared lawful a dismissal ordered to a female employee due to her failure to successfully overcome the probation period. In particular, the employee claimed that probation period agreement attached to the job contract was void due to the undefined tasks assigned, since she ....

The Court of Cassation, with judgement No. 27093 dated 15 November 2017 issued during a Plenary Sitting, intervened on the matter of travel allowance and related taxability and contributory regime. The Supreme Court, overruling its previous stance, consolidated as from judgement No. 396/2012, stated that “habitual travel allowances, payable to operators who, by contract, must ....

The Court of Cassation, with judgement No. 23503 dated 9 October 2017, has ruled valid a dismissal that took place “through reading of the written notification before the recipient (ed. in this specific case a manager) who made himself unavailable to receive a copy”. On the matter, the Court, recalling a few previous applicable cases, ....