Publications

Categories: Publications | Tag: Privacy

Human error is the data controller’s responsibility The Italian Data Protection Authority (“Garante”), in its 28 April 2022 injunction imposed a € 50,000 fine on the National Institute for Insurance against Accidents at Work (“INAIL” or the “Institute”) after three computer incidents. These incidents allowed users to access data relating to others.INAIL, in its capacity ....

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Categories: Publications | Tag: Dismissal, Licenziamento

With the recent ruling no. 181 published on 27 April 2022, issued as part of the Fornero Procedure opposition proceedings, the Court of Vicenza expressed its opinion on whether absences due to illness attributable to the employee’s disability can be included (or not) in the protected period.   The case originated from the dismissal of an ....

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Categories: Publications | Tag: Corte Costituzionale

The Constitutional Court, in ruling 125 filed on 19 May 2022, expressed its opinion on paragraph 7 of art. 18, of law no. 300/1970 which recognises the reinstatement protection in cases of dismissal for justified objective reason, only if it is established that there is a “manifest lack” of the fact underlying the dismissal. The ....

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Categories: Publications | Tag: Labour litigation, Uniform time

In ruling no. 315 of 12 April 2022, the Court of Appeal of Bologna stated that in the subordinate employment relationship, the time required to wear the company uniform is part of working time only if it is subject to the employer’s control. This may derive either from the “explicit” company regulations or, implicitly, from ....

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Categories: Publications | Tag: Riders, full-time contracts

In its ruling no. 1018/2022, published on 20 April 2022, Court of Milan Judge Franco Caroleo, confirmed case law, by recognising the existence of an employment relationship between a rider and a well-known food delivery platform. The ruling recognised the worker a sixth level classification and related remuneration under the Commercial National Collective Labour Agreement ....

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