Case Law

The Court of Cassation, IV Penal Section, confirmed the criminal liability of the Employer that had not assessed the risks about the use of a flat that he gave to an employee for work.

The Court of Cassation confirmed and specified the principles outlined by case-law on injuries so called “in itinere”.

The labour section of the Court of Cassation stated that the company communication concerning the reduction of the work activity is not enough to trigger temporary lay off of the workforce.

The Court of Cassation changed its prevailing stance on the compensation effect of the present missed challenge of dismissal, determining that if the judge can no longer ascertain whether or not the dismissal is legitimate, he must consider preservation of compensation also blocked.

The Court of Cassation stated that in the case of fixed term hiring for the replacement of a worker absent having the right to hold his job (Law no. 230/62), the possibility to replace him by “sliding” another worker implies the existence of a causal type of correlation between the replacement’s activity and that of ....