Categories: Case Law
In its decision no. 14871 of 15 June 2017, the Court of Cassation referred to its own case-law orientation and confirmed that, within the sphere of a dismissal due to objective just cause, in relation to the suppression of a post, it is not necessary for all the duties previously assigned to the dismissed employee ....
Categories: Case Law
With its decision no. 14457/2017, the Court of Cassation turned over the “double conforming” decision of the lower courts and intervened with regard to the stability pact enclosed with the subordinate employment contract. Specifically, the Court observed that, outside the cases of just cause under Art. 2119 of the Italian Civil Code, a worker can ....
Categories: Case Law
The Bologna Employment Tribunal, with its decision no. 734 of 7 July 2017 under Art. 1 of Italian Law no. 92/201, confirmed the order issued during the summary case hearing and declared as lawful the dismissal for just cause of an employee who had been absent from work for a continuous period of 3 weeks, ....
Categories: Case Law
With its decision no. 15204 of 20 June 2017, the Court of Cassation intervened in the subject of the disciplinary dismissal of a senior executive without prior application of the procedure referred to in Art. 7 of Italian Law no. 300/1970. The Supreme Court referred to some recent pronouncements, including Plenary Sitting decisions (Cass. No. ....
Categories: Case Law
The Catania Employment Tribunal, by referring to a precedent from the Florence Tribunal, issued an order stating that dismissal of an employee via Whatsapp is legitimate. In the Court’s opinion, the means used by the employer, nevertheless, satisfied the need of a written format as it was an informative document which the dismissed worker, in ....