Case Law

The Court of Brescia, with its judgement dated 3 November 2017, has declared lawful a dismissal ordered to a female employee due to her failure to successfully overcome the probation period. In particular, the employee claimed that probation period agreement attached to the job contract was void due to the undefined tasks assigned, since she ....

The Court of Cassation, with judgement No. 27093 dated 15 November 2017 issued during a Plenary Sitting, intervened on the matter of travel allowance and related taxability and contributory regime. The Supreme Court, overruling its previous stance, consolidated as from judgement No. 396/2012, stated that “habitual travel allowances, payable to operators who, by contract, must ....

The Court of Cassation, with judgement No. 23503 dated 9 October 2017, has ruled valid a dismissal that took place “through reading of the written notification before the recipient (ed. in this specific case a manager) who made himself unavailable to receive a copy”. On the matter, the Court, recalling a few previous applicable cases, ....

The Court of Appeals of Milan, with judgement No. 131/2017, in confirming the first-degree ruling, stated that in collective dismissals the employer does not have any repêchage obligations. This because the latter is an element that applies to dismissals for justified objective reasons for which the employer has the obligation to prove of having assessed ....

The Court of Cassation, with judgement No. 25649 dated 27 October 2017, ruled as unlawful, persecutory and abusive, the dismissal ordered to an employee “for organisational reasons”, due to the decision to subcontract out the IT system that the employee was in charge of handling. The employee, in bringing to court the dismissal, proved that ....

The Court of Cassation, with judgement 26682/2017, ruled as lawful the disciplinary dismissal ordered to an employee who accused of ineptitude and incompetence employees and top management of the company using offending words in several messages sent through his corporate email account. In the specific case, the employee, in bringing to Court the employer’s dismissal, ....

The Court of Cassation, with judgement No. 27206/2017, has declared lawful the decision of a local health unit (ASL) to impose to one of its managers, close to retirement due to reaching the pensionable age, the use of vacation leave and non-used paid leaves, as established by the contractual obligations, also in order to prevent ....

The Court of Cassation, with judgement No. 23408 filed on 06 October 2017, stated that there is no obligation for the employer when initiating disciplinary proceedings against one of its employee responsible for a breach to make available to him/her the corporate documentation on which the dispute is based. This is because, as part of ....