Case Law

In its Judgment No. 22388 of 22 October 2014, the Court of Cassation held that the principle under which no legal action can be instituted twice for the same cause of action is also applicable to labour relations, including disciplinary proceedings taken against workers.

In its Judgment No. 20949 of 3 October 2014, the Supreme Court of Cassation dismissed an appeal brought by a worker who sought classification as a manager, together with the corresponding pay difference.

Court of Cassation, judgment no. 20106 of September 24, 2014, has stated again the principle according to which for the calculation of the period of job preservation in the case of illness also public holidays have to be included when illness occurred also in the day after or before it, because a continuing illness event is presumed to occur.

Court of Cassation, judgment no. 18861 of September 8, 2014, specified that sanctions provided for by art. 32, par. 5, Law no. 183/2010 (so called “Collegato Lavoro”), are applicable not only in case of conversion of fixed term employment relationship into an undetermined one, but also to conversion of temporary staff leasing.

Court of Cassation, judgment no. 18678 of September 4, 2014, confirmed the lawfulness of a dismissal noticed to a “strategic” absentee employee even if the sick leave was not exceeded.