Case Law

With sentence no. 15211 dated 22 July 2016, the Court of Cassation upheld the decision of the lower courts, affirming that where a workplace coincides with the home of the employee, for the purposes of ascertaining if the size of the workplace is such as to require reinstatement of the worker, if unfairly dismissed, pursuant ....

With sentence no. 15435 dated 26 July 2016, the Court of Cassation affirmed the principle according to which the evidence of discrimination provided by an employee may be circumstantial or based on presumption. In the case in point, a female employee was dismissed for not accepting transfer to a Point of Sale about 150 km ....

With sentence no. 14305/2016 the Court of Cassation confirmed the unlawfulness of dismissal for disciplinary reasons in the case of an employee dismissed during a dispute over the recognition by the employer of a revised job description involving additional duties. The employee in question took possession of documents useful for the case, sending them from ....

The Court of Cassation with judgement No. 13455, filed on 30 June 2016, said the dismissal for prolonged absence imposed on a working mother for failing to comply with her employer’s order to resume service at a business unit located in a different municipality from the one where the woman worked at the time of ....

The Court of Appeal in Milan, in its ruling No. 439/2016, confirmed the principle that e-mail messages exchanged among employees as part of a mailing list, constitute private correspondence and therefore fall into the category of protected communications of a personal nature. According to the Court, the personality of the communication “lies in the predetermination ....