Case Law

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. 1091/2017, the Court of Milan has ruled again on the expiry of the limitation period of wage claims, in light of the modifications introduced by Law no. 92/2012 (so-called Fornero Law) to Article 18, Workers’ Charter. In particular, the judgement at hand reiterated that following the entry into force of the ....

The Grand Chamber of the European Court of Human Rights, with its judgement no. 61496/08, lodged on 5 September 2017 in the case of Barbulescu vs Romania, condemned Romania because the monitoring by a company of an employee, later dismissed for making a personal use of the company email messaging service, failed to strike a ....

The Court of Cassation, with judgement No. 19103 dated 1 August 2017, confirmed the unlawfulness of disciplinary dismissal ordered to an employee responsible for having provided confidential information about the company for which she worked, also expressing libellous opinions on it and its employees, to a former colleague then hired by a competitor company. The ....

The Court of Cassation, with judgement No. 14456 dated 9 June 2017, has intervened again on the distinction between discriminatory dismissal and retaliatory dismissal. The Court, intervening on the matter detailed in judgement No. 6575 dated 5 April 2016 issued by the Court itself, clarified that discriminatory dismissal is objective since it is based on ....