Case Law

Court of Rome, with judgment of March 5, 2014, stated that terminating an apprenticeship contract may not be challenged with the new procedure introduced by Law 92/2012 (so called “Rito Fornero”), but with the ordinary procedure.

Court of Cassation, with judgment no. 5179 filed on March 5, stated that an employee who sent his legal attorney documentation concerning confidential company information may not be dismissed

Court of Cassation, with sentence no. 4439/2014, stated that not material damages is a unitary and full-comprehensive category, as the material damages, which does not change its character only because concerns goods of different nature.

Court of Bergamo, with the sentence no. 941 of December 12, 2013, extended the performances automaticity principle, which ensures to employees the right to receive the retirement indemnity also in case the employer omitted to pay the social security contributions accrued, also to coordinates and continuative self employees.

The so called “Rito Fornero” (the new proceeding provided for by Law 92/2012) ends up before the Constitutional Court. The IX section of the Court of Milan stated as significant the lawfulness issue regarding the lack of an abstinence obligation for the judge who has to decide on the challenge, after having already judged the summary stage of the trial on the lawfulness of the dismissal.