Case Law

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 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. 25649 dated 27 October 2017, ruled as unlawful, persecutory and abusive, the dismissal ordered to an employee “for organisational reasons”, due to the decision to subcontract out the IT system that the employee was in charge of handling. The employee, in bringing to court the dismissal, proved that ....

The Court of Cassation, with judgement 26682/2017, ruled as lawful the disciplinary dismissal ordered to an employee who accused of ineptitude and incompetence employees and top management of the company using offending words in several messages sent through his corporate email account. In the specific case, the employee, in bringing to Court the employer’s dismissal, ....