Publications

Categories: Publications | Tag: Court of Cassation, Collective dismissals

The comparison between redundant employees can be limited only to employees of a unit or sector, subject to their ability, due to previous employment in other company departments, to perform the jobs of other colleagues – Employees bear the burden proof of showing that the various duties are interchangeable. The Italian Court of Cassation, in ....

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Categories: Publications | Tag: Court of Cassation, whistleblower, Corte di Cassazione

Whistleblowers liable for similar actions The legislation that protects an employee who reports unlawful conduct which he/she has become aware of due to his/her duties is ‘aimed at preventing unfavourable consequences for the fact in itself of having reported unlawful conduct, but certainly does not create exemptions with respect to the offences that that person ....

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Categories: Publications | Tag: employer, Remote monitoring, Datore di lavoro, Strumenti di controllo

As is well known, on 23 February 2023 the European Commission requested its employees and collaborators to uninstall the TikTok social network application from their business and personal electronic devices. This request was accompanied by the notice that, for those who had not uninstalled the social network by 15 March, it would no longer be ....

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Categories: Publications | Tag: Court of Cassation, Impianti di videosorveglianza, Video surveillance systems, Corte di Cassazione

By Order No 8375 of 23 March 2023, the Italian Court of Cassation confirmed that footage from video surveillance systems installed for security purposes may be used to prove an employee’s disciplinary breach. The facts of the caseThe case arose from a disciplinary sanction of suspension from duty and pay for ten days imposed on ....

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Categories: Publications | Tag: Court of Cassation, video surveillance, Impianti di videosorveglianza, Corte di Cassazione

By Order No 8375 of 23 March 2023, the Italian Court of Cassation confirmed that footage from video surveillance systems installed for security purposes may be used to prove an employee’s disciplinary breach. The facts of the case and the first and second instance proceedings The case arose from a disciplinary sanction of suspension from ....

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