Case Law

With its order no. 17287 of 27 May 2022, the Court of Cassation considered the dismissal for just cause of the Workers’ Safety Representative (“RLS“) legitimate. The RLS had used union (daily) leave for more than three continuous months, for purposes other than those for which they had been provided and granted, or for personal ....

With its order no. 16975 of 25 May 2022, the Court of Cassation intervened on the single company attribution in employment relationships, outlining the indicators. Facts of the case In a ruling following a complaint under Law no. 92/2012, the local court found that the dismissal of an employee (i.e., the alleged divestiture of the ....

In ruling no. 11638 dated 11 April 2022, the Court of Cassation established that the single company attribution in the employment relationship implies that the verification of the redundancies must be carried out considering the entire workforce, i.e., the workers employed by the other companies of the established individual company organisation and not only those ....

With its order no. 11182 of 6 April 2022, and following case law, the Court of Cassation ruled that during collective agreement take overs, “in pejus” amendments for the employee are admissible except for the acquired rights. The employee claim to maintain rights arising from a collective rule that no longer exists must be excluded. ....

The Court of Bari, in its 6 April 2022 ruling, stated that the conciliation at the trade union under art. 411, third paragraph of the code of civil procedure, completed with the assistance of a union representative who did not belong to the union with which the worker was registered, invalidates the related waivers and ....