DLP Insights

Contribution of De Luca & Partners on human resources as a sustainability objective. The HR is expected to have an increasingly substantial impact, as it can focus the whole organisation on ESG criteria. A sustainability trend was also identified in the projects that competed in the first edition of the Excellence & Innovation HR Award, ....

A worker was dismissed also on the basis of previous disciplinary offences. Nevertheless, the previous examples were not included in the employer’s disciplinary notice with a view to substantiating the existence of repeated misconduct, but were merely referred to in the notice of dismissal to provide support regarding the harm caused to their relationship of ....

Using a peculiar argument, the Court of Cassation, with judgment no. 31763 of 7 December 2018 ruled on the possibility to consider the inconvenience caused by continuous and repeated sick leaves as grounds for dismissal for a justified objective reason. The case at hand revolves around the dismissal served on an employee who had been ....

Legislative Decree 231/2001 introduced for the first time into the Italian legal system the possibility for a corporation to be fined (monetarily and with disqualification penalties) when specific offences (predicate offences) are committed – to its own advantage or in its interest – by top managers or their subordinates. However, the Decree includes an exonerating ....

A serious threat made by an employee against his immediate superior constitutes a breach of the duties of cooperation, loyalty and subordination and sufficient grounds for dismissal for just cause. This is the principle of law confirmed on 3 December in the Court of Cassation judgement No. 31155/2018. The case analysed arose from the disciplinary ....