Case Law

With its judgement no. 782 dated 13 June 2016, Brescia Court held the dismissal of an employee who was caught using the company computer during office hours to access social networks, games, music and other activities unrelated to her work to be legitimate. The Court considered the behaviour of the employee to be undoubtedly serious ....

With its judgement no. 8068 dated 21 April 2016, the Court of Cassation was called to settle a case law dispute involving the question of secondment in company groups. In this regard, the Judges of the Court start from an argument in order to provide a broad interpretation of the matter in question. Pursuant to ....

By way of judgment No. 7558 of 15 April 2016 the Court of Cassation has set forth an important principle on the distribution of the burden of proof on dismissals. The matter flows from a judgment of the Court of Appeal of Milan which, by partially reversing the first instance decision, has declared the dismissal ....

By way of order No. 246/2016, the third division of the Lombardy TAR faces the issue of the disciplinary significance of the opinion given by a civil servant in a social network, even if given as a private user. In the case at issue, a prison officer was suspended from service for a month for ....

Dans son arrêt no 9635 du 11 mai 2016, la Cour de cassation a affirmé que la notion d’insubordination ne peut pas être limitée au refus d’obtempérer aux dispositions décidées par l’employeur, mais s’étend à tout comportement susceptible de porter préjudice à l’organisation de l’entreprise. Or, selon la Cour suprême, l’insulte adressée au supérieur hiérarchique, ....