Case Law

Court of Cassation, with the decree no. 6721 of 4th May 2012, as opposed to the previous case-law orientation stated from the United Sections of the Supreme Court, specified that, in order to challenge the collection notice issued on a measure notified by mistake, it is necessary to trigger a formal claim challenging the both deeds.

The Supreme Court, with the sentence no. 6588 of 30th April 2012, stated that the invalidity pensions may be converted to retirements only if there are the relevant requirements.

Court of Cassation, with sentence no. 3056/2012 states that the indemnity provided by Law no. 183/2010 (“Collegato Lavoro”) represents a lump sum, all-embracing penalty, including all the damages suffered for the contract term invalidity. Such penalty covers the period from the term expiration until the sentence stating it invalidity and declaring the requalification of the employment.

Court of Cassation, with sentence no. 2521 of January 24, 2012, denies the major case law of the judges of first instance on temporary job, confirming that “the need to face a peak of activity increase” is enough for entering into a fixed term temporary job contract.

Court of Cassation, with sentence no. 4258/2012, stated that the dismissal of an executive who uses the password of others to enter into the company system is unlawful if that is a normal practice in the office, confirming the decision of the Court of Appeal of Milan.