Case Law

With its ruling no. 5173 of 16 March 2015, the Cassation Court returned to propose an interpretation, regarding the grounds for dismissal for justified reason which are not expressly contained in the law.

With its ruling no. 18667 of 6 May 2015, the Court of Cassation confirmed that, for the allegation of an illegal contract it is not sufficient to prove that the customer gave orders to the contractor's employees but it is necessary to investigate the contents of such orders and prove that they regard the provision of work actually performed.

The Milan Court, Labour Section, with a ruling of 13 November 2014, made a decision in a proceeding started by a worker who challenged a dismissal for objective justified reason following physical unfitness for performing the job to which he was assigned, and requesting compensation for damages resulting from an occupational accident from the Employer, ....

With its ruling no. 8784 of 30 April 2015, the Cassation Court declared dismissal of a worker for just cause legitimate in the case of a worker who had requested time off to assist a severely disabled mother as per Italian Law 104/1992 and who, in fact, had gone to a dance.

With its ruling no. 70 of 30 April 2015, the Constitutional Court declared article 24, paragraph 25 of Italian Legislative Decree 201/2011 (so-called Manovra Salva-Italia), converted by Italian Law no. 214/2011 illegitimate, specifically the part which had frozen revaluation of pensions of amounts greater than 1,700 euro gross for the 2012-2013 two year period.