Case Law

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 ....

Criminal Division III of the Supreme Court of Appeal, with ruling no. 45198 dated 26 October 2016, first reiterated that in accordance with clause 4 of the Workers’ Statute (prior to the Jobs Act) the use of remote control systems to monitor work is not permitted, and that such equipment may only be installed in ....

With judgement dated 17 October 2017 the Labour Division of Milan Court dismissed the appeal filed by a former employee of one our Clients, who had taken legal action against the Company to obtain a ruling against her dismissal for just cause, with the consequences set forth by section 8 of Law no. 604/1966. With ....

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 ....

The Court of Cassation, with judgement No. 20211 published on 7 October 2016, issued its ruling on the matter of dismissal for just cause notified to an employee for having participated in a “violent altercation with a colleague then followed by bodily harm”. In this case, the Court of Cassation confirmed the decision of the ....