Categories: DLP Insights, Case Law
The Court of Cassation has clarified that for the purpose of legal secondment of an employee from the seconding company to that benefiting of the secondment, a specific interest of the employer is necessary in order to qualify the secondment as an organisational action by the seconding company, therefore resulting in a mere amendment to the modalities in which the work performance is given, and that the move is essentially temporary.
In its decision no. 10104 of 12 October 2024, the Court of Rome ruled that in the case of a disciplinary dismissal without prior notice, there is not a mere formal deviation from the procedural scheme of the regulation, but an actual nullity which always gives the employee the right to reinstatement. The case at ....
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This has been stated by the Court of Cassation, decision no. 24797/2024 of 16 September 2024. In detail, a few employees – each in the context of their own dispute over matters relating to their employment relationship – had submitted to the court a recording of a conversation that had taken place some years earlier ....
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In its very recent judgment no. 2274 of 23 January 2024, the Italian Court of Cassation ruled that it is lawful for an employer to give notice of a second dismissal pending a judgment concerning a previous dismissal based on different grounds. However, the second dismissal has no effect if the first dismissal is declared ....
Read moreWith judgment no. 39129 of 26 September 2023, the Italian Court of Cassation, Third Criminal Division addressed the issue of corporate administrative liability under Italian Legislative Decree no. 231/2001, stating that “corporate administrative liability is not excluded in the light of the minimal advantage or the insignificance of the interest pursued.” The facts of the ....
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