Case Law

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 ....

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 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 ....