Case Law

In Judgment no. 1909 lodged on 25 January 2018, the Court of Cassation has ruled on the subject of disciplinary dismissal, stressing the need for the preliminary notification of the relapse having a constitutive nature. In the case at hand, a female worker had been dismissed for just cause because she had missed work one ....

In Judgment no. 1672/2017, the Milan Court of Appeal has ruled again on the severance indemnity pay set out in Article 1751, Italian Civil Code. In particular, the Court has clarified that the expiration of an agency contract which is followed, without interruption, by a second agency contract with the same principal does not give ....

In Judgment no. 98 of 7 February 2018, the Court of Frosinone rejected the appeal filed by a worker, who had resigned, against his former employer. More specifically, the worker argued that the withdrawal of his employer from a supplementary agreement of 1988 establishing a 14th-month pay, unilaterally effected in 2014, was illegitimate due to ....

In Judgment no. 2600 of 2 February 2018, the Court of Cassation reiterated that if the signatory parties to a second-level collective agreement have not expressly provided for the need to serve written notices for termination purposes, the employer’s verbal withdrawal can be considered valid. The case at hand concerned a collective agreement – which ....

In Judgment no. 1712/2017, the Milan Court of Appeal has dealt with the issue of the omission by the employer of the annual objectives linked to the payment of a bonus. In this case, in the Court’s opinion, the employee claiming payment of the bonus is encumbered with the burden of “… producing and proving ....

The Court of Cassation, with judgement No. 297, dated 9 January 2018, declared unlawful the dismissal for just cause of an employee who, after a heated argument with a colleague within the company’s premises that occurred at the presence of other employees and guests, continued the dispute outside the company’s premises, triggering a brawl that ....

 The Court of Cassation, with judgement No. 836 dated 16 January 2018 overturned the judgement issued by the Court of the Appeals having local jurisdiction, which agreeing to the conclusions reached by the judge of first instance, had confirmed the unlawfulness of the dismissal ordered to an employee, who, by refusing to perform demoting tasks, ....

The Court of Cassation, with judgement No. 88 dated 4 January 2018, ruled that an employer’s decision to change working hours without consulting the trade union delegation but merely providing a notification cannot be deemed anti-union conduct if the employer implemented an agreement already reached between management and labour. In this case, Poste Italiane S.p.A. ....