Case Law

In its ruling no. 183 filed on 22 July 2022, the Constitutional Court called on Parliament to amend Art. 9 of Italian Legislative Decree 23/2015 which covered the system of protection for cases of unlawful dismissal in companies with less than 15 employees. The issue raised The Rome Court of First Instance, acting as employment ....

In ruling no. 20523 of 27 June 2022, the Court of Cassation stated that “the right to choose the office closest to the home of the disabled person to be assisted is not an absolute and unlimited subjective right but is subject to the decision of the Administration which, according to its organisational needs, may ....

In its order no. 20313 of 23 June 2022, the Court of Cassation stated that the compensation due to the worker unlawfully dismissed must be based on the last overall remuneration from the dismissal day until the day of reinstatement. Any amount received by the worker by way of aliunde perceptum or percipiendum (earnings from ....

Following a report by a group of worker-members of a cooperative, the Data Protection Authority (“Garante”) established the unlawfulness of certain processing operations carried out through the publication of information on the assessment of their work, on the company notice board. As part of a “contest with prizes for worker-members, entitled “Guardiamoci in faccia…soci!” (Let’s ....

In ruling no. 13063 of 26 April 2022, the Court of Cassation extended the scope of application of the reinstatement protection to cases where the contested fact is found to exist and is not among the offences punished by the sector’s collective agreement with a conservative penalty. The Supreme Court extended the scope of the ....