Case Law

Court of Cassation, with sentence no. 20913 of September 12, 2013, stated that technical, organizational and productive reasons justifying the transfer of the employee must be described in detail and must not be generic.

Court of Cassation, with sentence no. 21922 of September 25, 2013, rejected the appeal of a company against the decision of the Court of Appeal which stated that employee’s behavior who claimed her new duties must be assigned in writing is lawful.

Court of cassation, with sentence of September 30, 2013, no. 22321, stated that the ten-year blameless behavior and the will of refunding the damage caused to the employer save the employee who pockets the reimbursement of a trip never done from the dismissal.

Court of Cassation, with the sentence no. 17204/2013, stated that the employer is exempted from the obligation to obtain the consent of the employee in order to carry out preliminary investigation aimed at exercise his/her right.

The Court of Milan, with sentence no. 2797 of July 9, 2013, stated that also the executives (so called “dirigenti”) have the burden to challenge the dismissal within the term– introduced by the labour reform – of 60 days from its written notice, in extrajudicial phase, and within the term of 270 days (reduced at 180 days by Law 92/2013), for the judicial phase.