Case Law

The Court of Cassation, with judgement No. 11027 dated 5 May 2017, ruled once again on the subject matter of disciplinary dismissal. In the judgement under review, the Court, recalling previous cases, reconfirmed that the Judge cannot expand the list of just causes or justified reasons for dismissal beyond what is established by the independence ....

The Court of Cassation, criminal division, with judgement No. 22148/2017, ruled once again on the possibility for the employer to install video cameras without implementing the union directive as per art. 4 of Law No. 300/70. In the case in hand, the Sole Director of a company decided to install at a local subsidiary a ....

The Court of appeal of Milan, with judgement No. 890 dated 6 April 2017, ruled once again on the maximum number of sickness absence days whenever it is expressed in months and the CCNL (Collective bargaining agreement) of the sector in question does not specifically govern the calculation procedure. In the specific case, a worker ....

The Lombardy Territorial Court, with judgement No. 33/33/17, confirmed that the indemnity paid to a manager consequently to unfair dismissal challenged judicially and settled (the Industry Executives National Collective Bargaining Agreement applied to this specific case) is not compensatory in nature and is thus subject to taxation. As a matter of fact, this indemnity may ....

The Court of Cassation, with judgement No. 9395 filed on 12 April 2017, issued a ruling on the dismissal ordered to a disabled employee for exceeding the protected period, declaring the legitimacy of the order. In fact, the Court has confirmed the line of thought according to which absences connected to the status of disability ....