Case Law

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 ....

With its judgement no. 24027 dated 24 November 2016, the Court of Cassation reconfirmed the legal principle pursuant to which, if an employer dismisses an employee for a specific reason (in this case because the employee had exceeded the number of sickness absence days), the employer may legally dismiss the employee a second time for ....

With its judgement no. 26464 dated 21 December 2016, the Court of Cassation confirmed that a manager must agree and confirm its leave with the employer, if this is set forth by a collective or personal contract. In the case in question a manager was dismissed for cause because he had gone on leave arbitrarily ....

With ruling no. 19557 dated 30 September 2016, the Supreme Court stated that in the case of a foreign company with a branch office in Italy – in order to determine whether or not the size requisite for application of section 18 of Law no. 300/1970 in the event of unfair dismissal applies – only ....

With judgement no. 22127 dated 2 November 2016, the Supreme Court of Appeal once again pronounced itself on the interpretation of the non ultra petita rule with respect to the charge filed and the charge on which the disciplinary action is based. In the case in question, a worker did not go to work because ....