Case Law

Categories: Case Law

With its ruling no. 18165 of 16 September 2015, The Court of Cassation recognized an executive position for a credit manager who, despite the lack of formal assignment of such position by top management, performed executive duties. These duties were characterized by the proposal, with broad decision-making powers, to one or more services, which put ....

Categories: Case Law

With its ruling no. 20068 of 7 October 2015, the Cassation Court confirmed that the dies a quo for the start of the 180 days for filing an appeal coincide with the date when a letter is sent by the employee challenging the employer’s dismissal and not the date the employer receives such letter. This ....

Categories: Case Law

With its ruling no. 20440 of 12 October 2015, the Court of Cassation declared a dismissal of an employee by an employer lawful, after having ascertained – based on records from a GPS installed on a company car, as well as on the basis of results from investigations, – that the employee left the company ....

Categories: Case Law

With the sentence filed last 30 September, the Court of Rome ruled for the first time on the reform of job duties introduced with the Legislative Decree no. 81/2015 implementing the Jobs Act, providing its interpretation on the matter. According to the Court job downgrading constitutes a type of “permanent illegality”, which is implemented and ....

Categories: Case Law

The Milan Court, Employment Section, with her sentence, rejected an appeal submitted by three employees of our Client, who had challenged some conservative disciplinary sanctions inflicted on them (specifically suspension from work and pay), considering them disproportionate since the employer (i) had tolerated their minor breaches for years and (ii) had given them a warning ....