Case Law

By Order of 6 April 2023, No 9453, the Italian Court of Cassation ruled on the subject of dismissal for poor performance. The Court clarified that this type of dismissal falls within the scope of dismissals for justified subjective reasons resulting from a significant breach by the worker of his/her contractual obligations. In this context, ....

With judgment No 6902 of 8 March 2023 (which follows two further similar rulings: judgments No 5788 and No 5796, both dated 24 February 2023, of the Italian Court of Cassation), the Italian Supreme Court of Cassation ruled that the transferred employee, who sees the employment relationship with the transferor judicially restored, is not entitled ....

The Italian Court of Cassation, by order No 1095 of 16 January 2023, held that for the purpose of reclassifying a relationship of self-employment into a subordinate one, it is possible to use subsidiary evidence (such as the continuity of service, compliance with a predetermined schedule, the receipt of a fixed monthly fee, the absence ....

The Italian Court of Cassation, with order of 11 October 2022, No 29720, confirmed that ‘any equipment, ancillary or accessory which could actually constitute a protective barrier, however small or limited, with respect to any risk to the health and safety of the worker in compliance with Article 2087 of the Italian Civil Code’ falls ....

With order No 32020/2022, published on 28 October 2022, the Italian Court of Cassation, IV civil section, expressed its opinion on the distinctive features that differentiate straining from mobbing. The proceedings arise from the appeal presented before the Court of Paola by a municipal employee who complained of having been subjected to malicious conduct by ....