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, ....

The Court of Cassation, with judgement No. 88 dated 4 January 2018, ruled that an employer’s decision to change working hours without consulting the trade union delegation but merely providing a notification cannot be deemed anti-union conduct if the employer implemented an agreement already reached between management and labour. In this case, Poste Italiane S.p.A. ....

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, ....

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 ....