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 ....

The Supreme Court of Cassation with judgement No. 18507 filed on 21 September 2016, intervened again on the sensitive issue of denial of acceptance of the medical certificate attesting to an employee’s illness. In this case, an employee, unable to work for a declared pathology of acute sciatica, was caught by an investigative agency hired ....

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 ....

The Court of Bergamo, with judgement No. 684 dated 14 September 2016, ruled unlawful to dismiss an employee for having published a photograph on Facebook depicting the employee bracing a firearm. According to the Court, in this case, the employee’s conduct, even if reprehensible, was not serious enough to “debase (…) the fiduciary relationship with ....