Publications

Poor performance consists of a failure by an employee to fulfil their principal obligation, i.e. to perform their work, and is, according to the majority legal opinion, a subjective justification for dismissal. Recently, the Court of Cassation, Labour Section, in judgment no. 1584 of 19 January ult., reiterated that, in order to legitimately dismiss an ....

On 24 January 2023, the Italian Data Protection Authority (Autorità Garante per la protezione dei dati personali, the ‘Authority’) provided some interpretative and operational guidelines on data protection, which arose following the entry into force of Italian Legislative Decree of 27 June 2022, No 104 (also known as the ‘Transparency Decree’). As is well-known, Article ....

With the recent order No 1584 of 19 January 2023, the Italian Court of Cassation addressed dismissal for ‘poor performance’, stating that conduct that had previously been the subject of separate disciplinary proceedings cannot be used as a basis for dismissal on the grounds of poor performance. Poor performance consists in a breach by the ....

With Order of 23 January 2023, No 1965, the Italian Court of Cassation stated that, for the purposes of applying the collective dismissal procedure referred to in Italian Law 223/1991, the size requirement of at least 15 employees must refer to the company as a whole and not to the single production unit. The facts ....

On 24 January 2023, the Personal Data Protection Authority (the “Authority”) gave the first interpretative and operative indications on the processing by employers of employees’ personal data using automated decision-making or monitoring systems aimed at providing information (i) that is relevant for the recruitment or appointment; for the management or termination of the employment; for ....