Categories: Case Law
The Court of Cassation, with judgement No. 8260 dated 30 March 2017, reforming the judgement of the Court of Appeal with jurisdiction in the territory, accepted the complaints of a worker who had signed the minutes of a conciliation meeting at the union’s and then requested them to be voided with the goal of having ....
Categories: Case Law
The Court of Cassation, with judgement No. 6770 of 15 March 2017, overturned the decision of the Court of Appeal of Rome establishing a contraris that, the retrocession to the Client company of the contracted services does not exclude the possibility that a corporate transfer may occur according to article 2112 of the Italian Civil ....
Categories: Case Law
The Court of Cassation, with judgement No. 7166 dated 21 March 2017 has once again deliberated on the subject matter of disciplinary dismissal. In this specific case, the employee, holding the position of emergency technical manager was dismissed after a disciplinary proceeding for having refused to respond to two subsequent support calls respectively for a ....
Categories: Case Law
The Court of Milan, with judgement No. 3370, filed on 16 December 2016, has stated that the employer, in case of dismissal for financial reasons, in verifying whether to assign the employee to other tasks within the company (the so called repêchage obligation) cannot limit itself to tasks equivalent to the ones performed by the ....
Categories: Case Law
The Court of Cassation with judgement No. 5323 dated 2 March 2017, expressed once again its opinion on the lawfulness of dismissal for objective just cause in order to define its contents and limitations. In the specific case, an administration clerk challenged his dismissal, ordered for a needed corporate cost reduction. The Company, even if ....