Case Law

With ruling no. 25674 of 9 October 2014, filed on 4 December 2014, the Cassation Court once again intervened on the issue of control performed by employers using investigation agencies, confirming its legality when performed to protect company assets, as long as the investigation agency's control is limited "to illegal acts performed by employees not solely linked to mere failure to fulfil an obligation".

In Judgment No. 24525/2014, the Court of Cassation held that it is permissible to reinstate a dismissal voided for failure to observe the respite period by issuing a new act of dismissal based on the same conditions, where the employee gives notice of a new period of illness.

In Judgment No. 46820, entered last 12 November, the Court of Cassation held that obligations of supervision and control imposed on employers are not diminished with the appointment of a health and safety officer (Rssp), whose role is to provide direct assistance in support of, and not in substitution of, the employer in identifying risk factors.

In a ruling of 27 October 2014, the Court of Rome affirmed that the obligation to give a second change to employees dismissed for objectively justified reasons is not breached in the case of a temporary hiring one month before dismissal.

In its Judgment No. 19665 of 18 September 2014, the Court of Cassation, sitting in plenary session, resolved the conflict in case law concerning the obligation to pay civil penalties on social insurance contributions owed by the employer in the case of unlawful redundancy.