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 ....

The Court of Cassation, with judgement No. 14175/2017, stated once again that, for the purpose of calculating the employment demand and verifying the company’s reasons for dismissal, a single centre of interest to which the employment relationship must be addressed applies only in the case of fraudulent splitting demonstrated in the context of different companies ....

The Court of Cassation, with judgement No. 11895/2017, in declaring unlawful the disciplinary dismissal stated that, in the context of a procedure under art. 7 of Law No. 300/1970, an oral hearing requested by the worker constitutes a prerequisite of his/her right of defence. The Court of Cassation has also clarified that this “unfailing procedural ....

The Court of Cassation, with judgement No. 14862 dated 15 June 2017, declared lawful the disciplinary dismissal (while confirming the conversion performed by the court of appeal from dismissal for just cause to dismissal for a justified subjective reason) ordered to an employee who used the corporate Internet connection for personal purposes in a systematic ....

The Court of Cassation, with judgement No. 12804 dated 22 May 2017, stated that a disciplinary measure can be applied to any employee who photocopies material representing company know-how, even if such activity is carried out to protect the employee’s right in a legal proceeding. In the specific case, the employee, first disciplined and then ....