Publications

In cases of dismissal for justified objective reason, the Judge’s verification of the “manifest lack of the fact“ requirement underlying the dismissal, from which the possibility of employee reinstatement derives, must cover the technical, production and organisational needs stated by the Company, and the possibility of relocating the employee elsewhere within the company organisation.   ....

The Appeals Court judge may acquire new documents. The Court of Cassation with its ordinance 11068/2021 ruled on the violation and/or false application of article 414 numbers 4 and 5 and article 420, paragraph 1 of the Code of Civil Procedure, in relation to article 360, paragraph 1, number 3 of the same Code, regarding ....

The Court, with ruling 6495 of 9/3/2021, as per art. 30 of Law No. 300/1970, confirmed union body members have the right to paid time off for meetings. Use for other purposes can justify dismissal. According to the Court, the abstract relevance for punishing the worker’s conduct requires real verification of its seriousness and consideration ....

In a decree dated 28 March 2021, The Court of Milan recognised anti-union conduct under art. 28 of Italian Law no. 300/1970 at a company where a video message was circulated by its Chairman of the Board of Directors, which invited staff to join a trade union and enter into a collective industry agreement.The fact ....

Six years ago, on 7 March 2015, the Jobs Act came into force, providing innovative protection if there is an unlawful dismissal for new employees under permanent contracts. At the time, this measure was considered revolutionary for the principles governing the existing protections. It intended to regulate the consequences of unlawful dismissal automatically and based ....