Case Law

The Court of Cassation, with its order no. 2289 of 2 February 2021, declared the failure to inform the trade unions in advance of the criteria to identify the workers to be placed under the redundancy fund and rotation methods unlawful. Facts of the case A company in receivership appealed to the Court of Cassation ....

The Court of Florence, in a decree published on 9 February 2021, noted that the legitimacy to bring proceedings for the repression of anti-union conduct provided for by Art. 28 of the Workers’ Statute cannot be applied to the riders’ trade unions since they are not employees. Facts of the case In this case, the ....

The Court of Ravenna, in its ruling of 7 January 2021, ordered that a worker’s dismissal for sudden physical unfitness for the role falls within the cases of dismissal for objective justified reason prohibited by the Covid-19 emergency regulations. Facts of the case A worker challenged his dismissal for objective justified reason in court. The ....

The Court of Bologna, by order of 31 December 2020, upheld the appeal brought by three trade unions confederated to CGIL (Filt, Filcams and Nidl) against the company Deliveroo, describing the access conditions to the digital platform as discriminatory. According to the Court, the work slots booking system penalised those absent from work, without considering ....

The Supreme Court of Cassation, by Order no. 27422 dated 1 December 2020, established that the clauses of the national collective agreement stating that workers are required to respect not only the provisions contained therein but also those established in internal regulations does not automatically bind employees to the compensation obligation envisaged therein in the ....

Suspension of terms for appealing the dismissal in the emergency period Art. 6 of Italian Law no. 604/1966 states that: the dismissal, under penalty of forfeiture, must be appealed within 60 days from receiving the respective communication and the appeal is ineffective if it is not followed up, within a subsequent 180 day period, by ....

The Constitutional Court, with its ruling no. 254 filed on 26 November 2020, declared inadmissible the constitutional legitimacy issues raised by the Naples Court of Appeal on the Jobs Act provisions concerning collective redundancies which violated the selection criteria. the Board considered the judge’s reasoning on the relevance insufficient and any request for corrective action ....

The Supreme Court of Cassation, with its ruling no. 23385 of 23 October 2020, stated that regarding waivers and settlements, the employee’s declaration may be considered as a waiver if the settlement agreement was issued with awareness of determined or objectively determinable rights and with a conscious intent to waive or settle them. Facts of ....