Case Law

With its judgement no. 224 dated 15 June 2016, Busto Arsizio Court held that the intention of the parties to change the employment relationship from part time to full time is implied, if the employee is constantly asked to work a number of working hours equal to or more than those worked by his or ....

With its judgement no. 11595 dated 6 June 2016, the Court of Cassation ruled that in the case of dismissal of public servants who have reached the seniority age limit, the reasons for dismissal must always be given, even if applicable laws do not set forth the obligation to do so. The judgment refers to ....

By way of judgment No. 9635 lodged on 11 May 2016, the Court of Cassation has stated that in no way can the concept of insubordination be limited to the refusal to abide by the instructions given by the employer, but it extends to any conduct capable of causing damage to the company’s organisation. Well ....

By way of judgment No. 7558 of 15 April 2016 the Court of Cassation has set forth an important principle on the distribution of the burden of proof on dismissals. The matter flows from a judgment of the Court of Appeal of Milan which, by partially reversing the first instance decision, has declared the dismissal ....

By way of order No. 246/2016, the third division of the Lombardy TAR faces the issue of the disciplinary significance of the opinion given by a civil servant in a social network, even if given as a private user. In the case at issue, a prison officer was suspended from service for a month for ....