Case Law

With its judgment No. 709 of 18 January 2016, the Court of Cassation has laid stress on the fact that, in so far as real protection is concerned, when an employee informs the employer to opt for the indemnity in lieu of reinstatement, the employment will be terminated. This will apply even if the employer ....

The Labour Section of the Court of Appeal of Milan, with its first-time ruling n. 218/2013, complied with the most recent case law of legality, which has changed its approach in the light of multiple changes to legislation made due to the effect of EU rights on internal regulations regarding rights to be recognised to the agent in ....

With ruling n. 48328/2015 the Court of Appeal, second criminal section, made it clear that the commission of offences cannot be ruled out if the collective absence is covered by medical certificates. In fact, according to the Supreme Court, if there are grounds for suspicion that the protest was based on illegal methods, then criminal ....

With ruling n. 780 of 5 October 2015 confirming the decision of the first instance judge, the Court of Appeal of Milan, Employment Section, declared the legitimacy of dismissal for exceeding the protected period notified to a worker after more than one year from the expiry of the protected period itself and after a period ....

With its ruling no. 23609 of 18 November 2015, the Court of Cassation returned to the subject of the selection criteria followed by the employer at the outcome of the personnel layoff procedure. Specifically, the Court reiterated that the employer, when he defines the selection criteria as per article 5 of Law 223/1991 in the ....