Case Law

Categories: Case Law

The Court of Bologna with judgement no. 149 dated 10 February 2017, declared lawful the dismissal for just cause ordered for an employee who consumed company goods (food and beverages) at the workplace. During the summary case hearing, the Judge of the court where the employee filed the appeal under article 1, paragraph 48, of ....

Categories: Case Law

The Court of Cassation, with judgement no. 2000 dated 26 January 2017, ruled once again on the right of top managers to obtain substitutive allowance for any accrued vacation days not taken and on the related burden of proof. Specifically, the Court stated that this right (and the resulting burden of proof) is closely connected ....

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 Court of Cassation, with judgment No. 50 dated 3 January 2017, intervened in the matter of dismissal for cause, clarifying that the timeliness of a disciplinary notice must be assessed with reference to the time when full knowledge of the fact is acquired, stating instead that for that purpose a mere suspicion is not ....