Case Law

Court of Cassation, with sentence no. 8555/12, stated the liability for the crimes of robbery and damage in the case the employee deletes or damages company files, being irrelevant the following recovery of the items through the intervention on payment of a specialized technician.

Court of Cassation, with sentence no. 1411 of January 31, 2012, restated that, in the case an employee obtains the conversion of a fixed term employment contract into an open-ended one, he/she is not entitled anymore to receive an amount by way of damages equal to the wages he/she should have received in the period included between the termination of the relationship and the sentence.

Court of Cassation, with sentence no. 2419/2012, stated that employer who has intention to exercise of the contributive exemption on kilometers reimbursements to the employee is not obliged to give an analytical proof throughout a monthly sheet or other similar document.

Court of Appeal of Rome, with sentence no. 267/2012, stated that employees who obtain the conversion of a fixed-term contract into an open-ended term contract are entitled to two kind of damages: indemnity in lieu of notice period set by the so called “Collegato Lavoro” and a further damage, i.e. an amount equal to the salary the employee would have accrued from the date of the filing of the judicial appeal to that of the sentence.

Court of Cassation, criminal section, with sentence no. 5420/2012, stated that the missed drafting of the document concerning the risks assessment, so called “DUVRI - Documento unico di valutazione dei rischi”, with the related missed risks assessment arisen from work interferences between the employees of the principal and those ones of the contractor, is a circumstance which entails liabilities itself, in the case of injury.