Case Law

Categories: Case Law

The Court of Cassation, with judgement no. 1912 dated 25 January 2017, confirmed the decision of the Judges of the Court of Rome, declaring lawful the dismissal for just cause ordered for an employee who, having been assigned to lower rank duties, repeatedly refused to perform the new tasks at the workplace, assuming a contemptuous ....

Categories: Case Law

The Court of Naples, with judgement no. 342 filed on 7 February 2017, ruled that an employer may terminate the company collective agreement concerning the performance bonus provided that such option is included in the original agreement and implemented within the terms agreed between the parties. This is because when a contractual relationship between two ....

Categories: Case Law

The Labour Division of the Milan Court with judgement no. 4703 dated 20 February 2017, ruled on the appeal pursuant to article 1, paragraph 48 and following of Law 92/2012 filed by an employee against dismissal for just cause ordered by one of our client Companies for having sold on the Internet, under false name, ....

Categories: Case Law

The Court of Cassation, with judgment No. 160 dated 05 January 2017, issued a new judgement on mandatory repêchage in affiliated companies. In the case under review, an employee was dismissed for justified objective grounds by a subsidiary company whose 80% was owned by another one, without offering any repêchage possibility. Against the dismissal, the ....

Categories: Case Law

The Court of Cassation, with judgment No. 284 dated 10 January 2017, intervened on the subject of dismissal on exceeding the maximum number of sickness absence days by primarily stating that the calculation must not consider the afternoons during which the worker is subjected to specific medical treatment, when the worker, on a part time ....