Case Law

The labour section of Milan Court, with decision of November 14, 2012, has stated that the new Article 18 of Law No. 300/1970 (so called “Statuto dei Lavoratori”) is not applicable to the dismissals ordered before the date of entry into force of Law No. 92/2012 (so called “Fornero Reform”), i.e. before July 18, 2012, although the litigation started after that date.

The Court of cassation, labour section, with sentence no. 18921/12, stated that the employer who does not adopt the necessary measures for health protection on the work places is considered to be unfulfilling with respect to the employee.

Court of Cassation, labor section, with the sentence no.18927/12, published on November 5, stated that, even if the mobbing claimed by the employee does not exist, the possibility that the employer could be sentenced to pay damages in favor of the employee for single oppressive behaviors, ascertained during the proceeding, cannot be excluded at all, though there is no uniqueness of the persecutory plan against the employee.

Court of Cassation, with the sentence no. 16375/2012, stated the lawfulness of the dismissal of an employee who works, even just for one day, during sickness leave, though in our legislation a prohibition to work during this period, also in favor of a third party, does not exist. In fact, the possible dismissal is lawful when the behavior of the employee is in breach of the general rules of correctness and good faith and to the contractual obligations of diligence and faithfulness.

Constitutional Court stated the constitutional unlawfulness, due to an excess of legislative delegation, of the part of Legislative Decree no. 28/2010 concerning the compulsoriness of the mediation.