Case Law

The Court of Cassation, with judgement No. 18302 dated 19 September 2016, stepped in to settle a dispute between the "Istituto Poligrafico e Zecca dello Stato" (State Mint and Polygraphic Institute) and the Privacy Authority. In the specific case, the Privacy Authority, by order dated 21 July 2011, prohibited the Institute to store and categorize ....

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 ....

The Court of Cassation with judgement No. 17921 dated 12 September 2016 ruled that if a probation clause included in the employment contract is found to be invalid, the employer’s termination of the contract is subjected to the application of the protections against unlawful dismissal. Thus, the Supreme Court of Cassation reversed the interpretation provided ....

The Court of Cassation, with judgement No. 17062 dated 11 August 2016 ruled that notification of dismissal issued by registered letter, even if rejected by the recipient, is deemed notified. According to the Court, in fact, "A postal agent’s note on the notice of receipt, showing rejection without further specification regarding the subject, recipient, or ....