Case Law

The Court of Cassation, with judgment No. 798 dated 13 January 2017, stated that the customer, whenever the work environment remains available to the latter, shall take all appropriate measures to protect the well-being and health of workers, including the contractor’s employees. In particular, according to the Court, these measures consist in (i) providing workers ....

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 ....

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 ....

On 11 January the Constitutional Court declared its opinion on the admissibility of the three referendums proposed by CGIL, related to (i) Article 18 of the Workers’ Statute and the reintegration into the workplace of a worker in the event of unlawful dismissal, (ii) the cancellation of vouchers and iii) the re-establishment, in the matter ....

With its judgement no. 23735 dated 22 November 2016, the Court of Cassation once again draws the boundaries between ontologically disciplinary dismissal and dismissal for justified objective grounds. In the case in question, the reason given for dismissal for justified objective grounds submitted to the Court was “the almost total absence of concurrence, between your ....