Case Law

By judgment no. 6265, published on 31 March 2016, the Court of Cassation has sanctioned the principle whereby an employee refusing to transfer may be considered as resigning from employment. In the case in question, the worker had contested the legitimacy of the employer’s order to transfer to another production unit, and refused to comply. ....

By judgment no. 7313 published on 13 April 2016, the Court of Cassation has ruled that, in order to assess the existence of an accident on the way to and from work in case of use of a bicycle, it is necessary to keep into account not only the distance between home and workplace but ....

By judgment no. 6775 of 7 April 2016, the Court of Cassation has asserted the right of workers to access their personal records, containing the documents and acts relative to the professional pathway and career advancement whilst in employment. In this case, a woman had repeatedly asked her employer to access, pursuant to Article 13 ....

The Court of Cassation, IV Criminal Section, by judgment no. 12683 of 29 March 2016, has ruled that an employer is responsible for any injury caused by inexperience, negligence or imprudence of workers, except in case of absolute irrationality of the behaviour of the latter. In the case at hand, a worker fell disastrously on ....

With its judgment No. 5056 of 15 March 2016, the Court of Cassation established that the determination of the place of employment comes within the employer’s organizational powers, and is only limited by the provisions governing the question of employee transfers. In the case in hand, the local Court of Appeal confirmed the court of ....