Case Law

The Court of Cassation has established that the carrying out of private undertakings, guaranteed by article 41 of the Constitution, is not challengeable from a technical standpoint by the courts, but needs be carried out in compliance with the rights to work and health, with the consequence that the judge would not be breaching the ....

The Court of Cassation has specified that the term of five days as from notification of the charge - whereby prior to expiry thereof it shall not be possible to inflict the relevant disciplinary sanction - solely depends on the need to protect the accused; failing any documental data, it needs be excluded that the provision was also inspired in the intention to allow the employer to effectively consider the measure to be taken and a possible change of mind.

The Court of Cassation has established that, in dismissals for cause, immediateness of the notice of the expulsive measure with respect to the moment of the failure which grounded said measure, or that of the notification, amounts to a constitutive item of the employer’s right of withdrawal, since the non-immediateness of the notification or of ....

The Court of Cassation has clarified that dismissal of a disabled person working when there are jobs in the company which are compatible with his/her disablement, even if covered by other employees, is unfair.

The lack of the mandatory out of court attempt to settle, which is provided as a condition without which the claim can not be proposed, has to be pleaded by the defendant in the defence