Case Law

With its ruling no. 2692/15, the Court of Cassation established that an employee’s use of offensive and vulgar words to a company manager of a higher rank constitutes insubordination of a minor degree and, based on the provisions set out in the collective contract, can be punished with a conservative fine. On the contrary any measure for dismissal is considered wrongful.

The Cassation Court, with ruling no. 211/2015, clarified that a suspension of the three year limitation on litigation for recognition of benefits from a occupational accident or disease is only applicable after the 150 days envisaged for the administrative payment of the benefit.

With its ruling no. 15 of 7 January 2015, the Cassation Court declared wrongful and thus illegal dismissal of a worker, who benefitted from employer accommodations at extremely advantageous conditions, for not having communicated that he was already the owner of other property, in order to continue to benefit from the housing made available by the employer. Specifically, the Cassation Court recognised the charges against the worker, but considered the dismissal wrongful.

An employee may record a conversation with his superior for the purposes of using it in a civil case.

With its ruling no. 25682 of 28 October 2014, the Cassation Court established that it is illegal to dismiss a worker for having submitted company documents considered confidential during court proceedings undertaken by the employee to protect his job (in the case in hand, granting of a higher contractual level), since the right to defence is guaranteed by article 24 of the Constitution and has precedence over any company needs for confidentiality.