Insights

The Court of Cassation, with judgement No. 20211 published on 7 October 2016, issued its ruling on the matter of dismissal for just cause notified to an employee for having participated in a “violent altercation with a colleague then followed by bodily harm”. In this case, the Court of Cassation confirmed the decision of the ....

The Supreme Court of Cassation with judgement No. 18507 filed on 21 September 2016, intervened again on the sensitive issue of denial of acceptance of the medical certificate attesting to an employee’s illness. In this case, an employee, unable to work for a declared pathology of acute sciatica, was caught by an investigative agency hired ....

The Court of Bergamo, with judgement No. 684 dated 14 September 2016, ruled unlawful to dismiss an employee for having published a photograph on Facebook depicting the employee bracing a firearm. According to the Court, in this case, the employee’s conduct, even if reprehensible, was not serious enough to “debase (…) the fiduciary relationship with ....

The Court of Cassation, with judgement No. 18317 dated 19 September 2016, intervened on the topic of dismissal for justified subjective reasons based on poor performance. According to the Supreme Court of Cassation, failure to achieve a specific result is not sufficient evidence for dismissal, but it is also necessary to demonstrate a culpable and ....

The Court of Cassation, with judgement No. 19922 dated 5 October 2016, confirmed unlawful the dismissal for just cause of an employee in charge of private supervisory activity, who failed to make all the inspections he was entrusted. The disciplinary offence was ascertained by the employer on the basis of data collected through the GPS ....

The Court of Cassation with judgement No. 19320 published on 29 September 2016, stated that concerning a collective dismissal the violation of Article 4, paragraph 9 of Law 223/1991, on failure to clarify the factual assumptions on the basis of which the employees to be dismissed were selected, was merely a matter of form. It ....

After approval issued by the Privacy Authority, businesses may install an “app” on the smartphones of their staff to record the start and end of the work shift. What are the regulatory principles of such remote supervisory tools which, while practical for corporate efficiency, may affect the right to employee’s privacy? The monitoring app may ....

On 7 October 2016, Vittorio De Luca guest-starred in “Italy under Investigation”, the program presented by Emanuela Falcetti on Rai Radio 1 and he talked about the employer’s right to verify the truthfulness of workers’ claims of illness. Click here to listen to the interview.