Publications

Categories: Publications | Tag: Dismissal

In its order no. 25287 of 24 August 2022, the Court of Cassation ruled on remote controls carried out by the employer and confirmed the legal principles within which the employer may use a detective agency. According to the Supreme Court, the employer may use a detective agency if offences have been committed or there ....

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Categories: Publications | Tag: Annual Leave

In the Court’s interpretation, the right to an allowance in lieu of untaken leave, at the end of theemployment relationship, is intrinsically linked to the right to paid annual leave In its ruling no. 21781/2022, published last 8 July, the Court of Cassation, Labour Section, ruled (along with several other issues on public employment) on ....

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Categories: Publications | Tag: Dismissal

The court may recognise different solutions for identical cases To exclude the proportionality of dismissal, it is not enough to argue that similar conduct committed by other employees has been sanctioned with conservative measures. The court may recognise different solutions for identical cases.  This principle was upheld by the Court of Cassation in Order no. ....

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Categories: Publications | Tag: Transparency decree

Legislative Decree no. 104 of 27 June 2022, implementing EU Directive no. 2019/1152 on transparent and predictable working conditions was published in the Official Gazette With the publication in the Official Gazette on 29 July 2022, the new provisions set out in Legislative Decree no. 104 of 27 June 2022, implementing EU Directive no. 2019/1152 ....

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Categories: Publications | Tag: Dismissal

The Court of Cassation ruled on an employee’s appeal challenging his disciplinary dismissal for a traffic accident while driving a company vehicle, claiming unequal treatment with colleagues who had not suffered such a penalty in similar situations. The Supreme Court declared the appeal inadmissible and stated that for an unreasonable inequality assessment, the possible consideration ....

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