Case Law

The Court of Cassation, with judgement No. 23697, filed on 10 October 2017, confirmed the consolidated case law trend according to which a top manager, who, even if having the power of self-assigning the vacation period, does not exercise such power, is entitled only to a substitutive allowance for vacation days for the current year, ....

The Court of Cassation, with judgement No. 25147/2017, stated that dismissal of an employee who copies confidential corporate data on a personal pen drive, without the employer authorisation, is legitimate, even if this information is not disclosed to third parties.  This is because the violation of contractual duties also occurs when a particular conduct, even ....

With its judgement no. 21062 of 11 September 2017, the Court of Cassation has delivered an opinion on the issue of just cause for dismissal previously confirmed by the Court of first instance of Campobasso, later overturned by the Court of Appeal, which instead found the dismissal legitimate as the facts in question were proportionate ....

With its judgement no. 20976/2017, the Court of Cassation maintained that a provision signed by the parties at the time of the early termination of employment, whereby an employer agrees to pay a gross amount as an adjustment to the employee severance indemnity, in exchange for the employee waiving his/her right to any other disputes ....

With its judgement no. 21667 of 19 September 2017, the Court of Cassation has maintained that an employee performing a work activity while on sick leave does not legitimize its outright dismissal at all times. In ruling in this sense, the court has made reference to the case law that maintains that the performance of ....