Case Law

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 ....

With sentence no. 16214 dated 3 August 2016, the Court of Cassation affirmed that a trial period must be accepted in writing by the employee. In this particular case, a female employee asked the Courts to quash the termination of her employment because the trial period specified in the employment contract had expired. The employer ....

With sentence no. 14193 dated 12 July 2016, the Court di Cassation confirmed that executives dismissed for economic reasons need not be relocated within a Group. In the case examined an executive applied to the Courts, claiming that his dismissal from the Italian branch of an American multinational was unlawful despite the justification for economic ....

With sentence no. 15226 dated 22 July 2016, the Court of Cassation rejected the petition of a female employee seeking to overturn the sentence of the court of Appeals which upheld her dismissal for disciplinary reasons i.e. absenteeism because of her failure to submit a medical certificate. In the account of the employee, she went ....