Case Law

The Court of Cassation, with judgement No. 18317 dated 19 September 2016, intervened on the topic of dismissal for justified subjective reasons based on poor performance. According to the Supreme Court of Cassation, failure to achieve a specific result is not sufficient evidence for dismissal, but it is also necessary to demonstrate a culpable and ....

The Court of Cassation, with judgement No. 19922 dated 5 October 2016, confirmed unlawful the dismissal for just cause of an employee in charge of private supervisory activity, who failed to make all the inspections he was entrusted. The disciplinary offence was ascertained by the employer on the basis of data collected through the GPS ....

The Court of Cassation with judgement No. 19320 published on 29 September 2016, stated that concerning a collective dismissal the violation of Article 4, paragraph 9 of Law 223/1991, on failure to clarify the factual assumptions on the basis of which the employees to be dismissed were selected, was merely a matter of form. It ....

The Court of Cassation, with judgement No. 17637 dated 6 September 2016, stated that regardless of the prerequisite of intentionality in the conduct, the dismissal ordered by the ASL (local health authority) to an employee who had falsely certified his attendance at work by means of stamping his time-card when arriving and leaving, was lawful. ....

The Court of Cassation, with judgement No. 17371 filed on 26 August 2016, confirmed the law principle already confirmed with ruling No. 26655 dated 28 November 2013 according to which, for the legitimacy of a dismissal for just cause, "the immediacy of the employer’s reaction, as a constitutive element of the right of withdrawal, must ....