Case Law

With its judgement no. 8068 dated 21 April 2016, the Court of Cassation was called to settle a case law dispute involving the question of secondment in company groups. In this regard, the Judges of the Court start from an argument in order to provide a broad interpretation of the matter in question. Pursuant 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 ....

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 ....