Case Law

With its judgement no. 12347 dated 15 June 2016, the Court of Cassation held that the civil responsibility of the employer as set forth by article 2087 of the Italian Civil Code may only be asserted if the injury is caused by breach of the behavioural obligations set forth by law or skills relevant to ....

The Labour Division of Milan Court, declared that the dismissal for cause by one of our Client Company of a foundry worker is lawful (i) given that the worker challenged the instructions of the shift supervisor and plant manager, using offensive language; (ii) from a different and separate point of view, because it was later ....

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 ....

By way of judgment No. 9467/2016 the Court of Cassation has stated that the dismissal for justified objective grounds is lawful if the employer gives “evidence as to both the fact that the dismissal may be specifically referred to initiatives related to actual productive and organisational reasons, and as to the impossibility to use the ....