Publications

Categories: Publications | Tag: Dismissal, Court of Cassation

By Order no. 29101 of 19 October 2023, the Italian Supreme Court ruled on the compensation claim for damages in a “straining” case. The employee took legal action because his superior had applied towards him a “stressful” method of control, generating a heated discussion during which the employee had suffered a ischemic attack. The Court ....

Read more

Categories: Publications | Tag: cybersecurity, videosorveglianza, Privacy

By judgment of 26 September 2023, no. 46188, the Italian Court of Cassation, Third Chamber, ruled on the components necessary for the offence referred to in Article 4 of Italian Law no. 300 of 1970 (the “Workers’ Charter”) stating that the installation of a video surveillance system without the authorisation required by law does not ....

Read more

Categories: Publications | Tag: Licenziamento, Contenzioso del lavoro, Dismissal, Court of Cassation

By Order of 13 November 2023, no. 31561, the Italian Court of Cassation ruled that, to fully comply with the repêchage obligation (obligation to relocate), it is necessary to assess whether hires made following the termination for justified objective reasons are of the same level of classification as the dismissed employee. The facts of the ....

Read more

Categories: Publications | Tag: illness, Holiday entitlement

THE FACTS The French Employment Court was called upon to rule on the lawfulness of the refusal to allow certain workers to take several days of accrued and unused holiday leave due to prolonged absences from work due to illness. Similarly, the relevant allowance in lieu had been denied to those workers whose employment had ....

Read more

Categories: Publications | Tag: Dismissal

By Order no. 27353 of 26 September 2023, the Court of Cassation ruled on the case of an employee who had been dismissed for stealing company assets of low value. The employee challenged his dismissal and brought a legal action asking to be reinstated back to work. The Court, while ruling out the annulment of ....

Read more