Case Law

Categories: Case Law

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 ....

Categories: Case Law

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 ....

Categories: 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 ....

Categories: Case Law

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 ....

Categories: Case Law

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, ....