Case Law

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, ....

The Court of Cassation, with judgement No. 27206/2017, has declared lawful the decision of a local health unit (ASL) to impose to one of its managers, close to retirement due to reaching the pensionable age, the use of vacation leave and non-used paid leaves, as established by the contractual obligations, also in order to prevent ....

The Court of Cassation, with judgement No. 23408 filed on 06 October 2017, stated that there is no obligation for the employer when initiating disciplinary proceedings against one of its employee responsible for a breach to make available to him/her the corporate documentation on which the dispute is based. This is because, as part of ....

The Court of Cassation, with judgement No. 22295/2017, ruled that notification of dismissal of a worker sent by registered letter to the employee’s old address of residence is valid if he/she failed to communicate the change of residence within the terms referred in the National Collective Bargaining Agreement (CCNL). In this specific case, the employer, ....