Case Law

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 ....

By way of judgment No. 10069/2016 the Court of Cassation has stated the principle pursuant to which “the employer has the power, but not the obligation, to continuously and regularly control its own employees”. In the case at issue and by reversing the decisions of the judges ruling on the merits, the Court of Cassation ....

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 ....