Case Law

The Milan Court, Labour Section, with its ruling of 29 January 2015, established that an employer who intends to dismiss more than five workers for objective reasons in one hundred and twenty days and at more than one shop, must apply the layoff procedure where the single shops (even if located in different provinces) do not constitute autonomous production units from a technical and organisational standpoint.

With its ruling no. 3486/2015, the Cassation Court established that if a company is sentenced to reinstate a worker due to wrongful dismissal, the months pay that the worker would have received if he had accepted the company’s offer of a new job, are subtracted from the total compensation for damages owed to the worker (calculated as wages lost from the day of dismissal until the day of reinstatement).

The Labour Court of Lodi confirmed that it is legal to dismiss a worker due to the elimination of the department and tasks to which the worker was assigned, and impossibility to re-use the employee in other positions compatible with physical limitations reported by the designated Company Doctor and Public Health Service. In challenging the ....

The Cassation Court, with its ruling no. 6631/2015 of 1 April 2015, confirmed that an office environment which is too cold justified the workers refusal to work, and in such cases the workers do not lose their right to pay.

The Court of Cassation, with its decision no. 4991/2015, recognized the autonomy of the parties to set the duration of notice.