Case Law

With its judgement no. 11595 dated 6 June 2016, the Court of Cassation ruled that in the case of dismissal of public servants who have reached the seniority age limit, the reasons for dismissal must always be given, even if applicable laws do not set forth the obligation to do so. The judgment refers to ....

With its judgement no. 12347 dated 15 June 2016, the Court of Cassation held that the civil responsibility of the employer as set forth by article 2087 of the Italian Civil Code may only be asserted if the injury is caused by breach of the behavioural obligations set forth by law or skills relevant to ....

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, ....

By way of judgment No. 9467/2016 the Court of Cassation has stated that the dismissal for justified objective grounds is lawful if the employer gives “evidence as to both the fact that the dismissal may be specifically referred to initiatives related to actual productive and organisational reasons, and as to the impossibility to use the ....

By way of judgment No. 10069/2016 the Court of Cassation has stated the principle pursuant to which “the employer has the power, but not the obligation, to continuously and regularly control its own employees”. In the case at issue and by reversing the decisions of the judges ruling on the merits, the Court of Cassation ....