Case Law

With its judgment No. 4502 of 8 March 2016, the Court of Cassation declared it illegal to dismiss an employee on the grounds of that employee’s refusal to perform new duties in a different company unit, when the employee in question complains that he/she is physically unsuitable for such duties without, however, providing written evidence ....

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 ....

With its judgment No. 2116/2016, the Court of Cassation reiterated that no mobbing shall be deemed to have occurred in the absence of a specific vexatious plan aimed at the gradual personal and professional demolition of the employee in question. The employer must safeguard the physical well-being and moral character of employees. In this sense, ....

With its judgment No. 4695 of 10 March 2016, the Court of Cassation declared as unlawful the dismissal for just cause of an employee who (i) was not present for the home medical visit during the period of illness in question, and (ii) failed to have a medical examination at the doctor’s surgery the following ....

With its judgment No. 2734 of 11 February 2016, the Court of Cassation has ruled on whether the 60 day time limit applies to labour supply contracts. This is a much-discussed issue, following the introduction of article 32 of Law No. 183/2010 (the so-called ‘Collegato Lavoro‘), both by law scholars and by case law. Even ....