Case Law

Court of Cassation, with sentence no. 8611 of April 9, 2013, stated that the employer’s statements included in the injury denunciation report may have a value of confession because in the trial they can be used against the employer to the purpose of the ascertainment of liability regarding the injury suffered by the employee.

The Supreme Court, with sentence no. 7925 published on April 2, stated that mobbing may be ascertained by the labor judge only in case of oppressive acts against the employee.

Court of Cassation, Criminal Section, with sentence no. 11442 of March 11, 2013, stated that the proxy on hygiene and safety at work is effective when the subject who gives the powers specifies the tasks of the delegated.

Court of Cassation, with sentence no. 7829 of March 28, 2013, confirmed that the bahaviour of a bank’s employee who leaves the cash desk unattended for the coffee break represents just cause for dismissal.

Court of Cassation, with sentence no. 5963 of March 11, stated that a company that cancels a professional position is not obliged to train the relevant employee for different duties, but it can dismiss him/her when equivalent duties to be assigned do not exist.