Case Law

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 ....

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 ....

With its judgement no. 24030 dated 24 November 2016, the Court of Cassation pronounced itself on the subject of dismissal for cause, by quashing with remand a judgement of the Court of Appeal who held jurisdiction. In the case in question, in confirming the first instance ruling, the Court of Appeal declared that the dismissal ....

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 ....